Bradley R. Ryba and Steven P. Nassi | Goldberg Segalla | April 9, 2019 With limited exception, an insurer that owes a duty to defend to its insured cannot litigate whether it also has a duty to indemnify the insured for the same matter until after the insured’s liability has been resolved. In a unanimous… Continue reading Eleventh Circuit: When an Insurer Has a Duty to Defend, Its Duty to Indemnify Is Not Ripe Until Resolution of the Underlying Lawsuit
Category: Insurance Coverage
‘Matching Regulations’ Affecting Homeowners’ Insurance Claims: Viewpoint
Gary L. Wickert | Claims Journal | April 4, 2019 It remains one of the most difficult issues to deal with in the world of property insurance. Homeowners’ insurance policies usually contain a provision obligating the carrier to repair or replace an insured’s damaged property with “material of like kind and quality” or with “similar… Continue reading ‘Matching Regulations’ Affecting Homeowners’ Insurance Claims: Viewpoint
Federal and State Court Split on Procedure for Alleging Bad Faith
Christina Phillips | Property Insurance Coverage Law Blog | March 29, 2019 Minnesota Statute section 604.18, commonly known as Minnesota’s Bad Faith Law, permits an insured to add a claim to recover taxable costs based on an insurance company’s bad faith denial of policy benefits. The procedure for bringing a claim under section 604.18 differs… Continue reading Federal and State Court Split on Procedure for Alleging Bad Faith
Insured’s Complaint for Breach of Contract and Bad Faith Adequately Pleads Consequential Damages
Tred R. Eyerly | Insurance Law Hawaii | March 4, 2019 The appellate court overturned the trial court’s dismissal of the insured’s complaint seeking consequential damages. D.K. Prop. Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh v, Pa., 2019 N.Y. App. Div. LEXIS 329 (N.Y. App. Div. Jan. 17, 2019). The… Continue reading Insured’s Complaint for Breach of Contract and Bad Faith Adequately Pleads Consequential Damages
A Safe Workplace: What Property Insurance Adjusters Must Include In An Estimate
Chip Merlin | Property Insurance Coverage Law Blog | March 27, 2019 Insurance company adjusters and estimators should ensure that they are including costs for a safe workplace when making construction estimates. Since failing to do so would constitute breaking federal law, it is per se bad faith if those costs are not included because… Continue reading A Safe Workplace: What Property Insurance Adjusters Must Include In An Estimate