Call Me Maybe: California’s Fair Claims Settlement Practices Regulations

Garrett Murai | California Construction Law Blog It’s not uncommon in construction claims for there to be Insurance and bond issues, whether it’s tendering a claim to your insurer, or claims against a license, payment, or performance bond. Insurance Code section 790.03 sets forth sixteen (16) unfair claims settlement practices by insurers and sureties including:… Continue reading Call Me Maybe: California’s Fair Claims Settlement Practices Regulations

Four Steps to Effectively Manage Rising Risk of Construction Liability Claims

David Chmiel | Construction Executive Liability claims in construction are increasing in frequency and complexity. Make sure your company is prepared to wade through the legal waters. A priority for every construction firm, regardless of size, is the effective management of risk. The industry is rife with dangers, more than any other. Too often, risks—of… Continue reading Four Steps to Effectively Manage Rising Risk of Construction Liability Claims

Jurisdictional Conflict Over “Related Claims”: Montana Federal Court Latest to Weigh in on When Claims Are Related

Geoffrey B. Fehling and Joseph T. Niczky | Hunton Insurance Recovery Blog A recent decision in federal court in Montana provides another example of different standards applied to assessing “related claims” under directors and officers (D&O) liability insurance policies. In this instance, the district court found that two class action lawsuits were related because they involved the… Continue reading Jurisdictional Conflict Over “Related Claims”: Montana Federal Court Latest to Weigh in on When Claims Are Related

Smaller Hail May Be More Damaging to Roofs Than Once Believed, Study Shows

William Rabb | Claims Journal A study by the Insurance Institute for Business and Home Safety found roof damage from smaller hailstones may be much more significant than previously believed. It’s a finding that one plaintiffs’ lawyer has already cited as potential support for roof claims. “This data challenges long-standing opinions by insurance company experts… Continue reading Smaller Hail May Be More Damaging to Roofs Than Once Believed, Study Shows

The Policy Period Predicament: Insureds Must Bring Claims Under the Correct Policy

Scott Keffer | Zelle Recently, the U.S. District Court for the Northern District of Texas, Dallas Division, granted an insurer’s motion for summary judgment, finding that the insured’s hail damage claim under a 2022 policy should have been brought under the prior policy in effect at the time of the alleged loss. Gann et al. v.… Continue reading The Policy Period Predicament: Insureds Must Bring Claims Under the Correct Policy