Theresa A. Guertin | SDV Insights | August 1, 2019 In honor of Shark Week, that annual television-event where we eagerly flip on the Discovery Channel to get our fix of these magnificent (and terrifying!) creatures, I was inspired to write about the “predatory” practices we’ve encountered recently in our construction insurance practice. The more… Continue reading The Murky Waters Between “Good Faith” and “Bad Faith”
Category: Insurance Coverage
Seventh Circuit Holds “Breach of Contract” Exclusion in Professional Liability Policy Renders Coverage Illusory
Jason Taylor | Traub Lieberman Straus & Shrewsberry | October 2, 2019 Most professional liability policies include a “breach of contract” exclusion precluding coverage for claims or damages arising out of breach of contract. How to apply such broad exclusions to claims brought by clients of the insured (or others with whom the insured has… Continue reading Seventh Circuit Holds “Breach of Contract” Exclusion in Professional Liability Policy Renders Coverage Illusory
California Supreme Court Concludes Notice-Prejudice Rule Applies To Consent Clauses In First-Party Insurance Policies
Andrew B. Downs | Bullivant Houser Bailey | September 30, 2019 When it comes to insurance coverage, one cue to the court’s feelings about an issue is whether it views that issue as a “technicality.” When that happens, good things rarely result. Another cue is when the case turns on an esoteric legal issue of… Continue reading California Supreme Court Concludes Notice-Prejudice Rule Applies To Consent Clauses In First-Party Insurance Policies
Insuring To Value is a Difficult Underwriting Requirement Making Underinsured Structures Quite Common
Chip Merlin | Property Insurance Coverage Law Blog | September 23, 2019 Insuring to value is becoming an increasingly discussed topic with so many buildings underinsured. I noted this problem in a recent post, Do I Have Enough Insurance? Underinsured Homes Are Epidemic. I was with Amy Bach at a United Policyholders fundraising evening on Saturday night. It reminded me… Continue reading Insuring To Value is a Difficult Underwriting Requirement Making Underinsured Structures Quite Common
Insurance Company Lawyers Argue Physical Damage Requires Functional Damage—Can This Be True?
Chip Merlin | Property Insurance Coverage Law Blog | September 18, 2019 Judges should be aware of the extreme and aberrant arguments being made by a few insurance company lawyers about physical damage requiring damage to be “functional” damage. These lawyers argue that property insurance policies contemplate this “functional damage” requirement. This first American flag… Continue reading Insurance Company Lawyers Argue Physical Damage Requires Functional Damage—Can This Be True?