Leah Yair and David Yates | Segal McCambridge The Michigan Court of Appeals recently decided a case that impacts many pending claims and will impact how the underwriting department is handling policy renewals. The case of Bronson Health Care v Esurance Property and Casualty Insurance Company was decided on September 28, 2023. The Decision directly relates to… Continue reading Michigan Court of Appeals Decision Raises Questions on Electronic Signatures in Insurance Policies
Category: Insurance
Washington Appellate Court Finds Insureds’ Failure to Provide Statutory Notice of Intent to Sue Did Not Void Default Judgments Against Insurer
Madison E. Wahler | PropertyCasualtyFocus In Gates v. Homesite Insurance Co., the Washington Court of Appeals held that the plaintiff-insureds’ failure to provide 20 days’ notice of intent to sue its insurer, though required by statute, was a mere “procedural irregularity” insufficient to void the default judgments entered against the insurer. The court also noted that… Continue reading Washington Appellate Court Finds Insureds’ Failure to Provide Statutory Notice of Intent to Sue Did Not Void Default Judgments Against Insurer
Should You Require a Specific Endorsement Naming Your Client as an Additional Insured?
R. Thomas Dunn and Sheya Rivard | Pierce Atwood Additional Insured’s Action Against Insurer Dismissed for Lack of Personal Jurisdiction The takeaway of this article is for you to consider updating your clients’ insurance requirements to require a specific additional insured endorsement. This endorsement requires a lower-tier contractor/policyholder to identify your client’s company by name in the… Continue reading Should You Require a Specific Endorsement Naming Your Client as an Additional Insured?
Nevada Businesses Brace for Ban on ‘Eroding Limits’ Liability Policies
Jim Sams | Claims Journal A new Nevada law that takes effect Oct. 1 prohibits liability insurance policies with “eroding limits,” potentially increasing the cost of premiums and reducing availability, insurance experts say. Such policies, also called “wasting,” “burning” or “defense within the limits” policies, include the cost of defending lawsuits as part of the… Continue reading Nevada Businesses Brace for Ban on ‘Eroding Limits’ Liability Policies
Construction Litigation Roundup: “Life’s a Beach!”
Daniel Lund III | Phelps Dunbar A federal court sitting in the United States Virgin Islands, in the process of partially granting a request for reconsideration asserted by a surety, reaffirmed aspects of the challenged ruling concerning the ability of a claimant to seek “consequential damages” from a performance bond surety – potentially beyond the… Continue reading Construction Litigation Roundup: “Life’s a Beach!”