Katherine Dempsey | White and Williams In Allstate Veh. & Prop. Ins. Co. v. Glitz Constr. Corp., 2023 N.Y. App. Div. LEXIS 1180, 2023 NY Slip Op 01171, the Supreme Court of New York, Appellate Division, Second Department (Appellate Court), considered whether a contractor could be found liable for its subcontractor’s alleged negligence in causing injury… Continue reading Someone Who Hires an Independent Contractor May Still Be Liable, But Not in This Case
Category: Insurance
Supreme Court Takes on Insurance Dispute
Lara Degenhart Cassidy and Adriana Perez | Hunton Andrews Kurth On Monday, March 6, the US Supreme Court agreed to hear an insurance coverage dispute, Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC. Insurance cases are few and far between in the high court, so both policyholders and their insurers will be watching the Great… Continue reading Supreme Court Takes on Insurance Dispute
Known Means Known: Eleventh Circuit Requires Actual Knowledge to Trigger Insured’s Notice Obligation
Miguel Rodriguez | PropertyCasualtyFocus In Frankenmuth Mutual Insurance Co. v. Brown’s Clearing Inc., the Eleventh Circuit Court of Appeals affirmed an Alabama district court’s ruling that the insured was not required to give notice of an underlying lawsuit until the insured had actual knowledge of the suit. Brown’s Clearing, a tree clearing company, hired a subcontractor… Continue reading Known Means Known: Eleventh Circuit Requires Actual Knowledge to Trigger Insured’s Notice Obligation
Construction Litigation Roundup: “It’s None of Your Business.”
Daniel Lund III | Phelps Dunbar “It’s none of your business.” So said a construction surety resisting discovery of its underwriting file in the context of the surety’s affirmative $2 million indemnity claim (on a $25M bond), and a Missouri federal court agreed. In response to the surety’s indemnity suit, the defaulted principal contractor and… Continue reading Construction Litigation Roundup: “It’s None of Your Business.”
“Notice of Cancellation” Meets California Requirements for Notice of Rescission
Thomas Benjamin Boley | Wiley Rein A California federal court has held a “Notice of Cancellation” was sufficient to meet the substantive requirements of rescission in California, where the notice informed the insured of misrepresentations on the application and was accompanied by a return premium. Clear Blue Specialty Ins. Co. v. Ozy Media, Inc., 2022 WL… Continue reading “Notice of Cancellation” Meets California Requirements for Notice of Rescission