Andres Avila | SDV Insights | June 11, 2019 Tennessee’s Supreme Court recently held that an insurer may not withhold repair labor costs as depreciation when the policy definition of actual cash value is found to be ambiguous. Tennessee joins other states like California and Vermont that prohibit the depreciation of repair labor costs in… Continue reading Think Twice About Depreciating Repair Costs in Our State, says the Tennessee Supreme Court
Category: Insurance Coverage
Ninth Circuit Reverses Grant of Summary Judgment to Insurer For Fortuitous Loss
Tred R. Eyerly | Insurance Law Hawaii | May 15, 2019 The Ninth Circuit reversed the district court’s issuance of summary judgment regarding coverage for damages when the insured’s plant had to be shut down due to an accident. Ingenco Holdings, LLC v. Ace American Ins. Co., 2019 U.S. App. LEXIS 10946 (9th Cir.… Continue reading Ninth Circuit Reverses Grant of Summary Judgment to Insurer For Fortuitous Loss
Care, Custody or Control Exclusion Requires Complete and Exclusive Control by Insured Claiming Coverage
Christopher Kendrick and Valerie Moore | Haight Brown & Bonesteel | June 11, 2019 In McMillin Homes Construction v. Natl. Fire & Marine Ins. Co. (No. D074219, filed 6/5/19) a California appeals court held that a “care, custody or control” exclusion did not bar coverage for defense of a general contractor as an additional insured under a… Continue reading Care, Custody or Control Exclusion Requires Complete and Exclusive Control by Insured Claiming Coverage
Connecticut Crumbling Concrete Cases Not Covered Under “Collapse” Provision in Homeowner’s Policy
Kerianne E. Kane | SDV Insights | May 28, 2019 What do you do when your house falls out from underneath you? Over the last few years, homeowners in northeastern Connecticut have been suing their insurers for denying coverage for claims based on deteriorating foundations in their homes. The lawsuits, which have come to be… Continue reading Connecticut Crumbling Concrete Cases Not Covered Under “Collapse” Provision in Homeowner’s Policy
Contractor Liable Thirteen Years After the Fact??
Earl K. Messer | Taft Stettinius & Hollister | June 28, 2019 Imagine you built a school back in 2005. Years go by. Many employees who worked on the project are gone. Their emails are no longer available to review. Most other records are buried somewhere, maybe. The owner has handled maintenance year after year… Continue reading Contractor Liable Thirteen Years After the Fact??