David Adelstein | Florida Construction Legal Updates Sometimes, hedging a position on a potential occurrence is not prudent. Stated differently, hedging a position on a contingent event is not the right course of action. The reason being is that a potential occurrence or contingent event is SPECULATIVE. The occurrence or event may not take place… Continue reading Think Twice Before Hedging a Position or Defense on a Speculative Event or Occurrence
Category: Insurance Coverage
Enhancing The Prospects For Contractors To Have Insurance Coverage For Their Subcontractors’ Defective Work
Gregory P. Parsons and J.P. Stilz | Stites & Harbison I. INTRODUCTION. When a construction contractor engages in a construction project, it generally purchases a commercial general liability policy (“CGL”) to broadly cover it and, frequently, the property owner for claims that might arise during the course of construction. These insurance contracts are standard forms… Continue reading Enhancing The Prospects For Contractors To Have Insurance Coverage For Their Subcontractors’ Defective Work
Court Affirms Summary Adjudication of Bad Faith Claim Where Expert Opinions Raised a Genuine Dispute
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel In 501 East 51st Street etc. v. Kookmin Best Ins. Co., Ltd. (No. B293605, filed 4/2/20, ordered pub. 4/16/20), a California appeals court affirmed summary adjudication and dismissal of a bad faith claim based on the genuine dispute doctrine. 501 East 51st Street Long-Beach-10, LLC (501)… Continue reading Court Affirms Summary Adjudication of Bad Faith Claim Where Expert Opinions Raised a Genuine Dispute
Insurers May Rethink Property Risk After Unprecedented Losses From Riots
Jim Sams | Claims Journal The civil disturbance that started in Minneapolis after the killing by police of George Floyd spread to 20 other states — an unprecedented property insurance catastrophe that will likely impact policy renewals and could even persuade some insurers to exclude coverage for damage caused by riots, executives for Verisk’s Property… Continue reading Insurers May Rethink Property Risk After Unprecedented Losses From Riots
Collapse of Underground Storage Cave Not Covered
Tred R. Eyerly | Insurance Law Hawaii The Eighth Circuit faced unusual facts in determining that the collapse of a cave serving as a storage facility was not covered under the policy. Westchester Surplus Lines Ins. Co. v. Interstate Underground Warehouse & Storage, Inc., 2020 U. S. App. LEXIS 83 8th Cir. Jan. 3,… Continue reading Collapse of Underground Storage Cave Not Covered