Machaella M. Reisman | Phelps Dunbar In a recent decision, the South Carolina Supreme Court refused to expand the “notice-prejudice rule” but still found that an insurer could not deny coverage based upon the insured’s failure to provide timely notice of an underlying lawsuit because the insured did not materially breach the insurance policy. Covil… Continue reading Untimely Notice Does Not Remove Insurer From Its Duty To Indemnify
Category: Insurance
D.C. Circuit Tackles Ensuing Loss Clause and Finds Coverage Under Builders Risk Policies
Heather Howell Wright | It Pays to Be Covered In construing policies that covered loss “caused by or resulting from water damage” but excluded coverage for loss caused by “dampness of atmosphere” or by “[e]xtremes or changes in temperature,” the United States Court of Appeals for the District of Columbia recently preserved coverage under an… Continue reading D.C. Circuit Tackles Ensuing Loss Clause and Finds Coverage Under Builders Risk Policies
Court Addresses Whether Rainwater Accumulation on Roof Constituted “Surface Water”
Joshua Tumen | Property Insurance Law Observer In Zurich American Insurance Company v. Medical Properties Trust, Inc., 2024 WL 3504060 (Mass. Jul. 23, 2024), the Supreme Judicial Court of Massachusetts held that the term “surface waters,” as used in a limitation contained in commercial property insurance policies, was ambiguous in the context of rainwater accumulating on… Continue reading Court Addresses Whether Rainwater Accumulation on Roof Constituted “Surface Water”
Incorrect Information Provided on Insurance Application Defeats Claim for Coverage
Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit affirmed the district court’s finding of no duty to defend or indemnify because of an answer on the insured’s application for insurance. Snell v. United Specialty Ins. Co., 2024 U.S. App. 12733 (11th Cir. May 28, 2024). Snell was hired by a family,… Continue reading Incorrect Information Provided on Insurance Application Defeats Claim for Coverage
Subrogation in Louisiana and the Challenges of the One-Year Prescriptive Period
Patrick Lindley | Butler Weihmuller Katz Craig Article 3492 of the Louisiana Civil Code governs the time period in which a “delictual action” – an action that is considered to be tortious or causing harm to someone’s rights or property – may be filed in Louisiana. Article 3492 provides that “[d]elictual actions are subject to… Continue reading Subrogation in Louisiana and the Challenges of the One-Year Prescriptive Period