Eileen GilBride, Patrick Gorman and Donald Myles | Jones, Skelton & Hochuli In United Specialty Ins. Co. v. Dorn Homes Inc.,__ F.R.D. __, 2020 WL 443872,(D. Ariz. Jan. 28, 2020), the United States District Court, District of Arizona, analyzed whether the insurer’s assertion of the advice of counsel defense operates to waive the work-product defense for… Continue reading The “Advice of Counsel Defense” in Coverage Cases: You Might Be Waiving More Than You Realize
Category: Insurance Coverage
Insured’s Bad Faith Insurance Claim Goes Up in Smoke
Garret Murai | California Construction Law Blog Sometimes it’s right there before your eyes. Then, poof, it’s gone. This was the experience of one insured, who brought a bad faith insurance denial claim against his insurer thinking that the facts were in his favor, only to discover they were not. The 501 E. 51st Street… Continue reading Insured’s Bad Faith Insurance Claim Goes Up in Smoke
Resulting-Loss Exception Does Not Restore Coverage For Faulty Workmanship
Larry P. Schiffer | Insurance and Reinsurance Disputes Blog The faulty workmanship exclusion precludes coverage where the claimed damage is caused by or resulting from an act, error or omission (negligent or not) that relates to the design, specifications, construction, materials or workmanship. Can coverage nevertheless be restored by the resulting-loss exception to the exclusion? … Continue reading Resulting-Loss Exception Does Not Restore Coverage For Faulty Workmanship
Sanctions Award Against Pro Se Plaintiff Upheld
Tred R. Eyerly | Insurance Law Hawaii The plaintiff’s failure to timely name an expert witness in his bad faith action led to sanctions being awarded against him in favor of the insurer. Black v. Fireman’s Fund Ins. Co., 2020 Cal. App. Unpub. LEXIS 2477 (Cal. Ct. App. April 23, 2020). After… Continue reading Sanctions Award Against Pro Se Plaintiff Upheld
Priority of Liability Insurance Coverage and Horizontal and Vertical Exhaustion
David Adelstein | Florida Construction Legal Updates Recently, I participated in a webinar involving the horizontal and vertical exhaustion of insurance coverage. Say what? This pertains to the PRIORITY of liability insurance coverage and the interface between a general contractor’s (or upstream party’s) primary insurance and the subcontractor’s (or downstream party’s) excess insurance, particularly when the general contractor… Continue reading Priority of Liability Insurance Coverage and Horizontal and Vertical Exhaustion