Kelly N. Hallisey | Phelps Dunbar A Florida appellate court held that under a named perils policy, an insurer need not plead a policy exclusion as an affirmative defense in order to present evidence that an insured’s damage was the result of a non-covered cause of loss. Citizen’s Prop. Ins. Corp. v. Kings Creek South Condo,… Continue reading Florida Court Holds Insurer Not Required To Plead Exclusions As Affirmative Defenses To Preserve Defenses To Coverage
Category: Insurance Coverage
First Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy Period
Eric B. Hermanson and Austin D. Moody | White & Williams On April 1, 2020, the First Circuit, applying Massachusetts law, issued a potentially useful decision addressing the Montrose “known loss” language in ISO Form CGL policies. In Clarendon National Insurance Company v. Philadelphia Indemnity Insurance Company,[1] the court applied this language to allow denial of defense for claims… Continue reading First Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy Period
Facts Required to Plead a Bad Faith Cause of Action
Barry Zalma | Zalma on Insurance Generalities and Charges are not Sufficient to Maintain a Bad Faith Suit Some plaintiffs suing insurance companies use a “standard” bad faith set of allegations charging breach of the tort of bad faith without stating any facts specific to the case brought against the insurer. They do so because… Continue reading Facts Required to Plead a Bad Faith Cause of Action
Maybe Relief for Public Contractors Should Come from Thoughtful Legislation
Lexie R. Pereira | The Dispute Resolver With loss, comes suffering; and, when it comes to the coronavirus, loss exists in many forms. Attorneys across the country – particularly those representing contractors on public projects – are asking themselves, generally, “how can my client suffer less?” Or, more pointedly, “is there an argument to support… Continue reading Maybe Relief for Public Contractors Should Come from Thoughtful Legislation
Restriction on the Use of Failure to Cooperate Defense in First-Party Claims
Dave McLain | Colorado Construction Litigation On February 7th, Representative Garnett, with Senator Fenberg as the Senate sponsor, introduced HB 20-1290, concerning the ability of an insurer to use a failure-to-cooperate defense in an action in which the insured has made a claim for insurance coverage. If the bill were to pass, in order to plead or… Continue reading Restriction on the Use of Failure to Cooperate Defense in First-Party Claims