Edward Eshoo | Property Insurance Coverage Law Blog | March 3, 2019 In my experience, one of the most misinterpreted property insurance policy provisions is the 180-day notice requirement to receive replacement cost benefits. Many in the property insurance industry interpret the provision to require actual repair/replacement within 180 days of the loss. Others interpret… Continue reading Replacement Cost Coverage and the 180-Day Notice Requirement
Category: Insurance Coverage
Construction Law Practice Tip: Determining the Scope of a Subrogation Waiver
Pierre Grosdidier | Haynes and Boone LLP | February 27, 2019 In Exxon Mobil Corp. v. Insurance Company of the State of Pennsylvania, the Texas Supreme Court opined once again on the issue of the extent to which an insurance provision incorporates the terms of an extrinsic contract.[1] The insurance provision in this case was a… Continue reading Construction Law Practice Tip: Determining the Scope of a Subrogation Waiver
Tenth Circuit: That “Particular Part” Deemed Ambiguous
Nadia A. Buraighis | Cozen O’Connor | February 25, 2019 On January 25, 2019, the U.S. Court of Appeals for the Tenth Circuit, applying Oklahoma law, held that the phrase “that particular part” is ambiguous and may refer to either the distinct component upon which an insured works or to all parts ultimately impacted by… Continue reading Tenth Circuit: That “Particular Part” Deemed Ambiguous
Wisconsin Follows “Cause Theory” in Determining Number of Occurrences
Andrew W. Miller | Brouse McDowell | March 1, 2019 In Secura Insurance v. Lyme St. Croix Forest Company, LLC, No. 2016AP299 (Oct. 30, 2018), the Wisconsin Supreme Court determined the number of occurrences arising from a large forest fire that took place in May of 2013. The fire in question allegedly began in a piece… Continue reading Wisconsin Follows “Cause Theory” in Determining Number of Occurrences
Georgia District Court Finds Reservation of Rights to Named Insured Ineffective as to Individual Insureds
Jason M. Taylor | Traub Lieberman Straus & Shrewsberry | February 25, 2019 In Auto-Owners Ins. Co. v. Cribb, 2019 WL 451555 (N.D. Ga. Feb. 5, 2019), the U.S. District Court for the Northern District of Georgia found that an insurer, Auto Owners, was estopped from denying coverage to two individual insureds under a commercial general… Continue reading Georgia District Court Finds Reservation of Rights to Named Insured Ineffective as to Individual Insureds