Gavin Souter | Business Insurance Simple but sometimes overlooked negotiating skills can help reduces losses for insurers and other payers that go to subrogation, a pair of subrogation experts said. By adhering to strategies such as always making a settlement demand and building relationships with other claims professionals, insurers and third-party administrators can offset losses… Continue reading Negotiating Tactics Help Curb Losses in Subrogation
Category: Insurance
Willful or Wanton Conduct Not Enough to Overcome Economic Loss Rule Says Colorado Court
Amandeep S. Kahlon and Carly Miller | BuildSmart In Mid-Century Insurance Co., v. HIVE Construction, Inc., a Colorado court of appeals recently reversed the decision of a lower court that had refused to apply the economic loss rule to a negligence claim alleging wanton or willful misconduct. The appellate court determined that, where the negligence claim… Continue reading Willful or Wanton Conduct Not Enough to Overcome Economic Loss Rule Says Colorado Court
Resolving Disputes Between Insurer and Insured in Liability Cases
Peter S. Selvin | Insights & Successes Conflicts between an insured and defense counsel appointed by the insurer often lead to disputes about whether the insured is entitled to counsel of its choosing. See Simonyan v. Nationwide Insurance of America, 78 Cal.App.5th 889, 2022 WL153894 (2022). More broadly, where a liability carrier has assumed its insured’s defense under… Continue reading Resolving Disputes Between Insurer and Insured in Liability Cases
Insurer Must Show Prejudice to Deny Coverage for Untimely Notice Under Claims-Made Policy
Mallory Meaney | Wiley Rein The United States District Court for the Central District of California, applying California law, has held that an insurer must show prejudice to deny coverage for untimely notice under a claims-made policy. Triyar Hosp. Mgmt. LLC v. QBE Specialty Ins. Co., 2023 WL 2372049 (C.D. Cal Jan. 17, 2023). The court… Continue reading Insurer Must Show Prejudice to Deny Coverage for Untimely Notice Under Claims-Made Policy
“Incidental” Versus “Direct” Third Party Beneficiaries Under Insurance Policies in Which a Party is Not an Additional Insured
Garret Murai | California Construction Law Blog As they say, when it rains, it pours. Indemnity and insurance are the “Big Two” when it comes to risk avoidance on construction projects. The next case, LaBarbera v. Security National Security Company, 86 Cal.App.5th 1329 (2022), involves both. It’s an interesting case, which I think could have gone… Continue reading “Incidental” Versus “Direct” Third Party Beneficiaries Under Insurance Policies in Which a Party is Not an Additional Insured