David R. Cook, Jr. | Autry, Hall & Cook | September 14, 2019 In prior blog posts, we addressed Georgia’s anti-indemnity statute. One of the posts addressed the statute in the context of an electric utility easement near an airport. That case made its way to the Supreme Court Georgia, which provided some additional clarity… Continue reading Georgia Supreme Court Addresses Anti-Indemnity Statute
Category: Insurance Coverage
Using Unfair Claim Settlement Statutes To Prove Bad Faith
Mikaela Whitman | Law.com | October 11, 2019 The covenant of good faith and fair dealing is implied in all insurance contracts. While most states recognize that an action for breach of this covenant (also known as “bad faith”) sounds in breach of contract, some states also recognize an independent tort that can be separate… Continue reading Using Unfair Claim Settlement Statutes To Prove Bad Faith
Is Failing to Comply With a Post-Loss Duty an Automatic Bar to Recovery?
Christina Potter | Property Insurance Coverage Law Blog | October 15, 2019 In Florida, if an insured fails to meet a post-loss obligation, is it a complete bar to recovery? In a recent decision, the Third District Court of Appeal certified conflict with the Fourth District Court of Appeal and held that an insurer must… Continue reading Is Failing to Comply With a Post-Loss Duty an Automatic Bar to Recovery?
Insurance Companies Should Be Accountable For Not Including Legally Required Costs Of Safe Construction
Chip Merlin | Property Insurance Coverage Law Blog | October 14, 2019 Safety is first. But that is not the course of affairs when dealing with insurance company adjusters who usually say that they will not include the costs of legally required safe construction practices because their managers will not allow those costs. Why do… Continue reading Insurance Companies Should Be Accountable For Not Including Legally Required Costs Of Safe Construction
What Is the California FAIR Plan?
Daniel Veroff | Property Insurance Coverage Law Blog | October 11, 2019 Californians have many questions after being non-renewed by their insurance companies and unable to find another company that will insure their properties. The losses from recent wildfires have caused carriers to scale back, and some have completely ceased writing insurance in several California… Continue reading What Is the California FAIR Plan?