Larry P. Schiffer | Squire Patton Boggs | July 31, 2019 Statutes and case law make it tough for insurance companies to disclaim coverage. In most jurisdictions, if an insurance company receives a claim or tender it must respond quickly and with specificity to avoid losing the right to assert an exclusion or other basis… Continue reading The Consequences Of Not Giving Notice Of Disclaimer To Additional Insureds
Category: Insurance Coverage
How Specific Does A Specific Litigation Exclusion Have To Be?
Larry P. Schiffer | Squire Patton Boggs | July 30, 2019 Insurance policies often have general exclusions for known losses or prior acts. The reason for this is that most insurance is for fortuitous risks–risks that will take place in the future; not risks that already have taken place. For large policyholders that have ongoing… Continue reading How Specific Does A Specific Litigation Exclusion Have To Be?
ISO Modifies Wrap-Up Exclusion
Jeffrey J. Vita | Saxe Doernberger & Vita | August 2, 2019 For those contractors and other parties enrolled in wrap-up insurance programs, one nagging issue frustrating risk transfer has been the Designated Operations Wrap-Up Exclusion found on many contractors’ programs. See, for example, ISO CG 21 54 01 96, which provides in relevant parts… Continue reading ISO Modifies Wrap-Up Exclusion
Court of Appeals Finds Additional Insured Coverage Despite “Care, Custody or Control” Exclusion
Garret Murai | California Construction Law Blog | July 30, 2019 When things go wrong on a construction project it’s often a scramble of finger pointing. In McMillin Homes Construction, Inc. v. National Fire & Marine Insurance Company, Case No. D074219 (June 5, 2019), the California Court of Appeals for the 4th District considered whether an additional insured… Continue reading Court of Appeals Finds Additional Insured Coverage Despite “Care, Custody or Control” Exclusion
Can an Insurer Pay Insured’s Contractor Directly, Even When There Is a Dispute Regarding the Contractor’s Work?
Victor Jacobellis | Property Insurance Coverage Law Blog | July 24, 2019 Always double check the insured’s contract with a contractor doing repair work for a claim. The California Court of Appeal recently ruled, in Jozefowicz v. Allstate Insurance Company,1 that an insurer can directly pay a contractor when the contract provided that the contractor was appointed… Continue reading Can an Insurer Pay Insured’s Contractor Directly, Even When There Is a Dispute Regarding the Contractor’s Work?