Category: Insurance

Policy’s One Year Suit Limitation Does Not Apply to Challenging the Insurer’s Claims Handling

Tred R. Eyerly | Insurance Law Hawaii     The California Supreme Court held that the policy’s suit limitation of one year, consistent with the statute requiring suit be file within twelve months after a loss, did not apply to claims alleging violation of the state’s unfair competition law (UCL). Rosenberg-Wohl v. State Farm Fire and… Continue reading Policy’s One Year Suit Limitation Does Not Apply to Challenging the Insurer’s Claims Handling

At a Glance: Construction Contracts and Insurance in USA

Denis Serkin, Jerry P. Brodsky and Michael S. Zicherman | Peckar & Abramson Contracts and insurance Construction contracts What standard contract forms are used for construction and design? Must the language of the contract be the local language? Are there restrictions on choice of law and the venue for dispute resolution? Many different form contracts… Continue reading At a Glance: Construction Contracts and Insurance in USA

Not a Waiver For All: Maryland Declines to Apply Subrogation Waiver to Subcontractors

Gus Sara | The Subrogation Strategist In Lithko Contr., LLC v. XL Ins. Am. Inc., No. 31, Sept. Term, 2023, 2024 Md. LEXIS 256, the Supreme Court of Maryland considered whether a tenant who contracted for the construction of a large warehouse facility waived its insurer’s rights to subrogation against subcontractors when it agreed to waive… Continue reading Not a Waiver For All: Maryland Declines to Apply Subrogation Waiver to Subcontractors

Managing Construction Disputes and Contracts in the Aftermath of Severe Weather

Peter Crofton, Samuel Richards and Gregory Smith | Smith Grambrell Russell As Hurricane Helene makes landfall in the Southeastern United States, contractors will be halting work on projects throughout the region while awaiting the passage of the severe weather event. When the rain and wind subside, disputes may arise on construction projects due to the… Continue reading Managing Construction Disputes and Contracts in the Aftermath of Severe Weather

Homeowner Survives Motion to Dismiss Depreciation Claims

Tred R. Eyerly | Insurance Law Hawaii     The insurer’s motion to dismiss claims for improper claims handling when considering implementation of depreciation was denied. Morrison v. Indian Harbor Ins. Co, et al., 2024 U.S. Dist. LEXIS 115664 (S. D. W. Va. July 1, 2024).     Plaintiff’s home suffered flood damage. The house was… Continue reading Homeowner Survives Motion to Dismiss Depreciation Claims