Vincent Fernandez and Shaheen Nouri | Butler Weihmuller Katz Craig Tag-teaming with Florida’s Sixth District Court of Appeal, the Second District is also at odds with the Third and Fourth Districts on the issue of retroactive application of Florida’s litigation-intent statute. In Buis v. Universal Property & Casualty Insurance Company, No. 2D2023-0655, 2024 WL 4096130 (Fla.… Continue reading The Main Event: Florida Supreme Court to Resolve District Court Split Over Retroactive Application of State’s NOI Statute
Category: Insurance
Ensuing Loss Provision Salvages Coverage for Water Damage Claim
Tred R. Eyerly | Insurance Law Hawaii The Court of Appeals for the D.C. Circuit reversed the district court’s finding of no coverage and found that the ensuing loss provision provided coverage for water damage. 3524 East Cap Venture, LLC, et al. v. Weschester Fire Ins. Co., et al., 104 F. 4th 193 (D.C.… Continue reading Ensuing Loss Provision Salvages Coverage for Water Damage Claim
Word of the Day: “Contractor”
Garret Murai | California Construction Law Blog What’s in a word? When it comes to insurance policies, a word, can potentially mean millions of dollars. In California Specialty Insulation, Inc. v. Allied World Surplus Lines Insurance Company, 102 Cal.App.5th 1 (2024), an insured and its insurer battled it out over the word “contractor,” and whether an… Continue reading Word of the Day: “Contractor”
California Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess Policies
Tred R. Eyerly | Insurance Law Hawaii Addressing issues left open in its seminal decision in Montrose, the California Supreme Court found that the language in the first-level excess policies meant that the insured could access the policies upon exhaustion of the directly underlying policies purchased for the same policy period. Truck Ins. Exchange v.… Continue reading California Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess Policies
Professional Services Exclusion Bars Coverage After Carbon Monoxide Leak
Tred R. Eyerly | Insurance Law Hawaii The Illinois Appellate Court affirmed the trial court’s dismissal of the insured’s complaint after damage caused by a leak of carbon monoxide caused bodily injury. Allied Design Consultants, Inc. v. Pekin Ins. Co., et al., 2024 Ill. Ct. App. LEXIS 1433 (June 18, 2024). Carbon… Continue reading Professional Services Exclusion Bars Coverage After Carbon Monoxide Leak