Tred R. Eyerly | Insurance Law Hawaii Although the court was incredulous that the parties were disputing the possession of a gate opener allegedly damaged in a lightning strike, it granted the insured’s motion for partial summary judgment finding the insurer had converted the gate opener. Privratsky v. Liberty Mut. Fire Ins Co.,… Continue reading Court Grants Partial Summary Judgment on Conversion Claim Against Insurer
Category: Insurance
Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage
Margaret Karchmer | Wiley Rein The United States Court of Appeals for the Second Circuit, applying New York law, has held that neither of two claims against an insured construction company fell within the scope of coverage under the company’s claims-made and reported professional liability policies, where one claim was not both first made and… Continue reading Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage
No Coverage for Alleged Misrepresentation Claim
Tred R. Eyerly | Insurance Law Hawaii The court found there was no coverage for a misrepresentation claim against the insured sellers of a residence. Am. Family Mut. Ins. Co. v. Coyne, 2022 U.S. Dist. LEXIS 186417 (E.D. Mo. Oct. 12, 2022). Aaron and Tobi Beckman purchased a home from Denise Coyne.… Continue reading No Coverage for Alleged Misrepresentation Claim
Without Reservations: Fourth Circuit Affirms That Vague Reservation of Rights Waived Insurers’ Coverage Arguments
Lara Degenhart Cassidy and Matthew J. Revis | Hunton Andrews Kurth The Fourth Circuit recently affirmed insurance coverage for a South Carolina policyholder based on the “axiomatic principle” that an insurer which fails to fully and fairly articulate its potential coverage defenses in a reservation of rights letter loses the right to contest coverage on… Continue reading Without Reservations: Fourth Circuit Affirms That Vague Reservation of Rights Waived Insurers’ Coverage Arguments
Whose Burden is It Anyway: All Risk vs. Covered Peril Policies
William S. Bennett | SDV Insights First-party insurance coverage is typically structured on the basis of one of two types of insuring agreements: “All Risks” and “Covered Peril.” While the difference may seem innocuous, the ramifications of having one versus the other can be monumentally important in a disputed claim scenario. For the reasons discussed… Continue reading Whose Burden is It Anyway: All Risk vs. Covered Peril Policies