Vincent Fernandez and Shaheen Nouri | Butler Weihmuller Katz Craig The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the law was enacted (July 1, 2021). Herman Cole v. Universal Prop. & Cas. Ins. Co., No. 4D22-1054 (Fla. 4th DCA May… Continue reading A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement
Category: Insurance
Time Lag Does Not End Insurer’s Duty to Defend, Court Rules
Andrew G. Simpson | Claims Journal A federal court in New York has reiterated that a time lag between the date a trip-and-fall accident occurred and when the conduct alleged to have caused it took place does not itself relieve an insurer of its duty to defend its insured in an injury suit related to… Continue reading Time Lag Does Not End Insurer’s Duty to Defend, Court Rules
Insurer With Excess “Other Insurance” Clause Owes No Defense Obligations
Jessica Gallinaro | Wiley Rein The United States District Court for the Southern District of New York, applying New York law, has held that an E&O insurer had no obligation to contribute toward the defense of an underlying matter in light of its policy’s excess “other insurance” clause. Berkley Assurance Co. v. MacDonald-Miller Facility Solutions, 2023… Continue reading Insurer With Excess “Other Insurance” Clause Owes No Defense Obligations
Washington Supreme Court Holds Certain Hybrid Occurrence/Claims-Made and Reported Policies May Violate Public Policy
Campbell Stuart | Cozen O’Connor “We cannot enforce insurance provisions that render coverage so narrow it is illusory.”[1] The Washington Supreme Court used this reasoning to hold that a contractor’s commercial general liability policy was unenforceable where it required that an “occurrence” occur and a claim be made and reported to the insurer in the… Continue reading Washington Supreme Court Holds Certain Hybrid Occurrence/Claims-Made and Reported Policies May Violate Public Policy
Negotiating Tactics Help Curb Losses in Subrogation
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