Category: Insurance Coverage

Eleventh Circuit Rules That Insurer Must Defend Contractor Despite “Your Work” Exclusion, Where Damage Timing Unclear

Michael S. Levine | Hunton Andrews Kurth | April 16, 2019 The Eleventh Circuit has reversed an insurer’s award of summary judgment after finding that uncertainty about when the alleged property damage occurred raised questions about whether the damage came within the scope of the “Your Work” exclusion. More specifically, the court found unclear whether the damage… Continue reading Eleventh Circuit Rules That Insurer Must Defend Contractor Despite “Your Work” Exclusion, Where Damage Timing Unclear

The Perils in Providing Additional Insured Coverage

Kirk Pasich | Pasich LLP | April 16, 2019 Many parties to contracts seek to be added as an insured to another’s insurance policies or agree to add someone as an insured to their coverage.  If the process of adding someone to coverage is not done correctly, then neither party to the agreement is happy—the… Continue reading The Perils in Providing Additional Insured Coverage

Can Labor Be Depreciated When Considering Actual Cash Value?

Chip Merlin | Property Insurance Coverage Law Blog | April 16, 2019 In an opinion issued yesterday, the Tennessee Supreme Court held that labor cannot be depreciated when considering actual cash value.1 Merlin Law Group participated in this victory for policyholders by writing an amicus curiae brief on behalf of United Policyholders. The court’s conclusion and rationale for it is straight forward:… Continue reading Can Labor Be Depreciated When Considering Actual Cash Value?

When Can You Ask for Reformation?

Daniel Veroff | Property Insurance Coverage Law Blog | March 31, 2019 Everyone in the insurance industry has heard the term reformation, but it is often misunderstood. In California (and elsewhere), the legal right to reformation originated over a century ago when we still had separate courts of “law” and “equity.” Reformation was a creature of… Continue reading When Can You Ask for Reformation?

Is Equipment Installed As Part Of Building Renovations A “Product” Or “Construction”?

Joshua Lane | Ahlers Cressman & Sleight | March 20, 2019 A statute of repose terminates the right to file a claim after a specified time even if the injury has not yet occurred.[1] The construction statute of repose bars claims arising from construction, design, or engineering of any improvement upon real property that has… Continue reading Is Equipment Installed As Part Of Building Renovations A “Product” Or “Construction”?