Illinois Joins the Pack on Defective Construction as an Occurrence

Anna M. Perry | Saxe Doernberger & Vita Illinois joins the majority of states finding “property damage that results inadvertently from faulty work can be caused by an ‘accident’ and therefore constitute an ‘occurrence’.” The Illinois Supreme Court’s ruling in Acuity v. M/I Homes of Chicago, LLC1 (“Acuity v. M/I Homes”) is the first high court ruling… Continue reading Illinois Joins the Pack on Defective Construction as an Occurrence

Leading Out Loud: Subrogation

Sean Garrett and Lucy Avsharian | The CLM How is artificial intelligence changing the subrogation process? How has the economy changed carriers’ appetite to identify subrogation opportunities? And finally, how has increased M&A activity in the subrogation space affected the level of service provided by subrogation firms? Artificial intelligence (AI) is impacting all parts of… Continue reading Leading Out Loud: Subrogation

Compliance with Contractual and Jurisdictional Pre-Suit Requirements is Essential to Maximizing Recovery

Michael S. Levine, Geoffrey B. Fehling and Charlotte Liszinske | Hunton Insurance Recovery Blog Timely notice is an important first step in a successful insurance recovery.  But insurance policies are not always straightforward in identifying how, when, and to whom notice must be provided.  Some states may also impose additional procedural hurdles, including requiring policyholders… Continue reading Compliance with Contractual and Jurisdictional Pre-Suit Requirements is Essential to Maximizing Recovery

Risky Business: Contractual Versus Equitable Rights of Subrogation

Kyle Rice | White and Williams In Zurich Am. Ins. Co. v. Infrastructure Eng’g. Inc., 2023 Ill. App. LEXIS 383, the insurer, Zurich American Insurance Company (Insurer) proceeded as subrogee of Community College District No. 508 d/b/a City Colleges of Chicago and CMO, a Joint Venture. The Appellate Court of Illinois, First District (Appellate Court) addressed… Continue reading Risky Business: Contractual Versus Equitable Rights of Subrogation

Insured Makes Sufficient Claim For Actual Cash Value Payment

Tred R. Eyerly | Insurance Law Hawaii     The court denied, in part, the insurer’s motion for summary judgment that argued the insured made an insufficient showing of entitlement to Actual Cash Value (ACV) payments under the policy. RR Restoration, LLC v. Empire Indem. Ins. Co., 2023 U.S. Dist. LEXIS 129388 (M.D. Fla. July 16,… Continue reading Insured Makes Sufficient Claim For Actual Cash Value Payment