Garret Murai | California Construction Law Blog Subrogation as a concept is well understood in insurance circles. According to the Institute of Risk Management Institute’s glossary of insurance terms subrogation is “the assignment to an insurer by the terms of [a] policy or by law, after payment of a loss, of the rights fo the… Continue reading Court of Appeal Puts the “Equity” in Equitable Subrogation
Category: Insurance
Construction Calamity: Risk Transfer Tips for Contractors After a Catastrophic Loss
William S. Bennett | Saxe Doernberger & Vita From structural collapses to fires, the construction industry has experienced a number of high-profile catastrophes over the past decade. These disasters test the mettle of even the most experienced risk professionals and the strongest insurance programs. Issues can arise in all facets of the company’s contracts and… Continue reading Construction Calamity: Risk Transfer Tips for Contractors After a Catastrophic Loss
Sinking Floor Does Not Meet Strict Definition of Collapse
Tred R. Eyerly | Insurance Law Hawaii The court determined that the sinking of the insured’s floor caused by termites and rot deterioration did not meet the homeowners policy’s definition of collapse. Stewart v. Metro. Lloyds Ins. Co., 2020 U.S. Dist. LEXIS 111527 (S.D. Tex. June 24, 2020). Beatrice Stewart, the homeowner,… Continue reading Sinking Floor Does Not Meet Strict Definition of Collapse
Colorado General Assembly Sets Forth Prerequisites for an Insurance Company to Use Failure to Cooperate as a Defense to a Claim for First Party Insurance Benefits
Christine Kroupa, John Palmeri and Katelyn Werner | Insurance Coverage Law Blog Despite first party insurance policies generally requiring cooperation from an insured in the investigation of a claim, insurers can no longer rely on the failure to cooperate as a defense in a claim for first party insurance benefits in Colorado unless certain conditions… Continue reading Colorado General Assembly Sets Forth Prerequisites for an Insurance Company to Use Failure to Cooperate as a Defense to a Claim for First Party Insurance Benefits
Subcontractors Found Liable to Reimburse Insurer Defense Costs in Equitable Subrogation Action
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel In Pulte Home Corp. v. CBR Electric, Inc. (No. E068353, filed 6/10/20), a California appeals court reversed the denial of an equitable subrogation claim for reimbursement of defense costs from contractually obligated subcontractors to a defending insurer, finding that all of the elements for equitable subrogation… Continue reading Subcontractors Found Liable to Reimburse Insurer Defense Costs in Equitable Subrogation Action