Tred R. Eyerly | Insurance Law Hawaii The Seventh Circuit affirmed the district court’s grant of summary judgment to the insurers, finding there was no coverage for the additional insured on a construction defect claim. St. Paul Guardian Ins. Co. v. Walsh Construction. Co., 2024 U.S. App. LEXIS 10285 (7th Cir. April 29, 2024). … Continue reading No Coverage for Additional Insured for Construction Defect Claim
Category: Insurance
An Unresolved Issue Of Tennessee Coverage Law: The Scope Of Pollution Exclusions
Junaid Savani | Kennedys Insurers often include exclusions within their liability policies to prohibit coverage for claims arising out of pollution exposure. The exact wording of the exclusion can differ significantly, but the key issue is whether the underlying allegations fall within the scope of the exclusion. In this regard, there are “two distinct views”… Continue reading An Unresolved Issue Of Tennessee Coverage Law: The Scope Of Pollution Exclusions
California Supreme Court Confirms Vertical Exhaustion Rule Applies Before Depletion of All Primary Coverage
Samrah Mahmoud, Steven D. Allison, Zach Kobokovich and Michael Cassata | Troutman Pepper On June 7, the California Supreme Court issued an important opinion clarifying the circumstances under which an insured may trigger coverage under an excess policy in relation to a loss spanning multiple policy periods. This opinion settles an important question left open… Continue reading California Supreme Court Confirms Vertical Exhaustion Rule Applies Before Depletion of All Primary Coverage
Insurer’s Motion to Dismiss “Redundant Claims” Denied
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion to dismiss was more appropriate for an eventual summary judgment motion and was consequently denied. Sivan Lam v. Scottsdale Ins. Co., 2024 U.S. Dist. LEXIS 81262 (M.D. Fla. April 12, 2024). Lam suffered a loss to her home due to Hurricane Ian.… Continue reading Insurer’s Motion to Dismiss “Redundant Claims” Denied
Cumulative Impact Claims and Definition by Certain Boards
David Adelstein | Florida Construction Legal Updates What is a cumulative impact claim? This is commonly referred to as the unforeseeable ripple effect of changes, i.e., the death by a thousand cuts. Cumulative impact claims refer to a disruption on productivity based on the cumulative impact of changes and their impact on unchanged work. Cumulative impact claims are difficult claims… Continue reading Cumulative Impact Claims and Definition by Certain Boards