Kirk Presley | Presley & Presley With very limited exceptions, liability policies provide insureds with two primary benefits: a defense paid for by the insurance carrier and indemnity for covered claims. These benefits to the insured are purchased with premium dollars and remain available if the insured complies with its policy obligations. What is less… Continue reading December Bad Faith Update: No Request for Defense, No Coverage Problem
Category: Insurance Coverage
Expanded Virginia Court of Appeals Leads to Policyholder Relief
Michael S. Levine and Olivia G. Bushman | Hunton Insurance Recovery Blog Exercising its newly expanded jurisdiction that now permits Virginia’s intermediate appellate courts to hear insurance coverage disputes, the Court of Appeals recently reversed a lower court decision that allowed a two-year “Suits Against Us” provision to serve as a basis for an insurer’s… Continue reading Expanded Virginia Court of Appeals Leads to Policyholder Relief
Court Issues First LEG3 Defects Exclusion Decision
Joshua Tumen and Paul Ferland | Property Insurance Law Observer Introduction In a case of first impression, the United States District Court for the District of Columbia (applying Illinois law) rejected a LEG3 exclusion as ambiguous. See S. Capitol Bridgebuilders “SCB” v. Lexington Ins. Co., 2023 U.S. Dist. LEXIS 176573 (D.D.C. Sep. 29, 2023). The London Engineering… Continue reading Court Issues First LEG3 Defects Exclusion Decision
The Allegation Abbreviation: Louisiana Supreme Court Expedites Bad Faith Insurance Litigation
Chris D’Amour, Paige Franckiewicz and Jeffey Richardson | Adams and Reese In a recent unanimous decision in Wilson v. Louisiana Citizens Property Insurance Corporation, the Louisiana Supreme Court held that bad faith claims against insurance companies are subject to a two-year prescriptive period when a policy states that a breach of contract claim against the insurer… Continue reading The Allegation Abbreviation: Louisiana Supreme Court Expedites Bad Faith Insurance Litigation
No Coverage Under Installation Policy When Read Together With Insurance Application
David Adelstein | Florida Construction Legal Updates A recent case out of the Eleventh Circuit denied an underground contractor’s claim under what appears to be a commercial property installation floater policy (inland marine coverage) that covers the contractor’s materials. Whereas a builder’s risk policy is more expansive, an installation floater is narrower and can provide protection to… Continue reading No Coverage Under Installation Policy When Read Together With Insurance Application