Insurer Not Entitled to Summary Judgment on Construction Defect, Bad Faith Claims

Tred R. Eyerly | Insurance Law Hawaii | August 12, 2019     The federal district court denied the insurer’s motion for summary judgment seeking to establish there was no coverage for construction defect claims and for bad faith. Country Mut. Ins. Co. v. AAA Constr. LLC, 2019 U.S. Dist. LEXIS 115935 (W.D. Okla. July 12,… Continue reading Insurer Not Entitled to Summary Judgment on Construction Defect, Bad Faith Claims

Bad Faith Legislation: Good for Insurance Policyholders?

William G. Passannante | PropertyCasualty360 | September 12, 2019 When an insurance company violates its duty of good faith and fair dealing, a policyholder should have a remedy for the insurance company’s breach of duty. In order for insurance purchasers to receive the benefit of their insurance policies, bad faith behavior by insurance companies requires… Continue reading Bad Faith Legislation: Good for Insurance Policyholders?

Washington Supreme Court Holds Claims Adjusters Cannot Be Personally Liable for Bad Faith

Jordan Hess and Terri Sutton | Cozen O’Connor | October 9, 2019 In a closely contested 5-4 decision, the Washington Supreme Court held in Keodalah v. Allstate Insurance Company, et al., Slip. Op. No. 95867-0, ___ P.3d ___ (Oct. 3, 2019), that a claims adjuster cannot be held personally liable to an insured for bad faith.… Continue reading Washington Supreme Court Holds Claims Adjusters Cannot Be Personally Liable for Bad Faith

Are Repair Costs Covered Damages Under a Liability Policy?

Larry P. Schiffer | Squire Patton Boggs | September 27, 2019 Liability policies cover sums an insured becomes legally obligated to pay to a third-party as damages for a loss. Typically, there is no coverage in a liability policy for expenses incurred by the insured to repair damage to the insured’s own property. Additionally, nearly… Continue reading Are Repair Costs Covered Damages Under a Liability Policy?

Although Many Policies Exclude Sewer Line Backups from Coverage, What Is A Government Entity’s Liability Under Inverse Condemnation?

Derek Chalken | Property Insurance Coverage Law Blog | October 7, 2019 Most homeowners are surprised to learn that almost all homeowners’ policies include exclusions for damage caused by sewage water originating outside their home. For example, if your city or county’s sewer main line backs up because of tree roots or debris and the… Continue reading Although Many Policies Exclude Sewer Line Backups from Coverage, What Is A Government Entity’s Liability Under Inverse Condemnation?