Ruchard J. Doren and Michael Holecek | Gibson, Dunn & Crutcher | March 20, 2019 To evaluate the potential risks for insurance company clients sued for bad faith claim handling, defense counsel must understand the categories of potential damages that could be awarded and have a basis from which to assess their potential magnitude. Bad… Continue reading When Are Insurance Bad Faith Damage Awards Excessive?
Category: Insurance Coverage
Defending Construction Defect Claims
Luis A. Barba, Esq. and Anthony daFonseca, Esq. | Claims Magazine | March 2019 The easiest way to avoid liability for construction defect claims is by preventing them altogether. However, since prevention of a claim is not always possible, it is important that adjusters take early steps upon receipt of a new construction defect claim… Continue reading Defending Construction Defect Claims
Are Market Conduct Examiners Listening to Common Property Insurance Claims Complaints?
Chip Merlin | Property Insurance Coverage Law Blog | March 18, 2019 Market conduct examinations of insurance company claims practices are important. Do you think that examiners are listening to the same repetitive complaints I hear from policyholders, contractors, roofers, public adjusters and other lawyers at the various seminars and trade shows I attend? Many market… Continue reading Are Market Conduct Examiners Listening to Common Property Insurance Claims Complaints?
Can My Recovery be Limited to Actual Cash Value When the Insurer’s Failure to Pay Prevented Compliance with My Policy Condition on Recovering Replacement Cost?
Paul LaSalle | Property Insurance Coverage Law Blog | March 12, 2019 Insurers often try to limit damages once they are found liable for breach of the insurance contract by claiming that the insurance policy limits the insured’s recovery to the actual cash value because the insured did not comply with the policy’s condition on… Continue reading Can My Recovery be Limited to Actual Cash Value When the Insurer’s Failure to Pay Prevented Compliance with My Policy Condition on Recovering Replacement Cost?
You Are Indemnified…. Until You Are Not
William F. Bresee | Leech Tishman Fuscaldo & Lampl LLC | February 11, 2019 In the ordinary course of a construction project (or any commercial transactional arrangement, for that matter), something can go wrong. People can get injured; property can be damaged. For that reason, one of the significant risk allocation tools available to business… Continue reading You Are Indemnified…. Until You Are Not