Chase Turnbull | Maynard Nexsen In recent weeks, our firm obtained summary judgment under a contractual limitations provision that the plaintiff-insured argued had been equitably tolled due to the insurance carrier’s conduct. Although the good guys won, the case offers helpful reminders for carriers handling claims in California and across the county. Contractual Limitations Provisions… Continue reading Lessons in Limitation – Contractual Limitations Provisions as a Basis for Summary Judgment
Category: Insurance
Insurer Granted Summary Judgment After Insured Fails to Establish Claim is Covered
Tred R. Eyerly | Insurance Law Hawaii The federal district court granted the insurer’s motion for summary judgment because the insureds failed to meet their burden of establishing the claim was covered by the policy. Cutchall v. Chubb Lloyd’s Ins. Co. of Tex., 2024 U.S. Dist. LEXIS 234546 (S. D. Texas Dec. 31, 2024). … Continue reading Insurer Granted Summary Judgment After Insured Fails to Establish Claim is Covered
Hawaii Supreme Court Paves the Way for Maui Fire Settlement to Proceed
Tred R. Eyerly | Insurance Law Hawaii The settlement reached in the Maui fire cases appears to be a step closer to becoming a reality after the Hawaii Supreme Court issued its Order answering three reserved questions posed by the circuit court. In the Matter of the Petition for the Coordination of Maui Fire Cases,… Continue reading Hawaii Supreme Court Paves the Way for Maui Fire Settlement to Proceed
Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs
Elizabeth J. Dye and Mark J. Plumer | Policyholder Pulse Considering the complex structure of commercial insurance programs—typically purchased in annual “towers” of insurance—risk managers and in-house counsel often do not pay sufficient attention to arbitration-related provisions, which the insurance industry is more frequently including in its policies. That’s like playing only one board in… Continue reading Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs
Where There’s Smoke, Is There Coverage? A Closer Look at Bottega, LLC v. National Surety and Gharibian v. Wawanesa
Rachel E. Hudgins and Scott P. DeVries | Hunton Insurance Recovery Blog For policyholders, insurance is meant to provide peace of mind—a promise that when disaster strikes, they’ll have financial support to rebuild and recover. But as two recent cases show, the question of what qualifies as covered “direct physical loss or damage” can lead… Continue reading Where There’s Smoke, Is There Coverage? A Closer Look at Bottega, LLC v. National Surety and Gharibian v. Wawanesa