Category: Insurance

Louisiana Court Of Appeal Holds Mold Remediation Costs Incurred Following A Covered Peril Fall Within A Mold Sub-Limit Because Such Costs Would Not Have Been Incurred But For The Mold

Gabriel R. Crane | Phelp Dunbar A Louisiana Court of Appeal affirmed a trial court’s ruling that mold remediation costs incurred as a result of a covered peril fall within the mold exclusion and endorsement of a homeowners’ policy because such costs would not have been incurred but for the appearance of mold. DeFelice v. Federated… Continue reading Louisiana Court Of Appeal Holds Mold Remediation Costs Incurred Following A Covered Peril Fall Within A Mold Sub-Limit Because Such Costs Would Not Have Been Incurred But For The Mold

Endorsement to Insurance Policy Controls

David Adelstein | Florida Construction Legal Updates I’ve said this before, and I’ll say it again: an insurance policy is a complicated reading and this reading gets compounded with endorsements that modify aspects of the policy. What you think may be covered may in fact not be covered by virtue of an endorsement to the insurance policy.  This is… Continue reading Endorsement to Insurance Policy Controls

Understanding Insurance Terms in Construction Contracts

Seth Row | Miller Nash Construction contracts at all tiers usually include terms requiring certain types of insurance, and often contain related provisions about indemnity. This “boilerplate” can be important if a job goes south, so here’s a short explanation of some of the key terms and how they relate to one another: Builder’s risk… Continue reading Understanding Insurance Terms in Construction Contracts

Insurers Can Sue One Another for Defense Costs on Equitable Indemnity and Equitable Contribution Basis

Garret Murai | California Construction Law Blog Since I don’t do insurance defense work, fights between insurers isn’t something I have to deal with. It’s good sport nonetheless. In the next case, Travelers v. Navigators Specialty Insurance Company, Case No. D078852 (October 15, 2021), three of the biggies – Travelers, Navigators and Mt. Hawley – got… Continue reading Insurers Can Sue One Another for Defense Costs on Equitable Indemnity and Equitable Contribution Basis

Colo. Supreme Rules Adjuster Can’t Be Held Personally Liable for Denied Claim

Jim Sams | Claims Journal A Colorado law that allows claimants to collect double coverage if a claim is unreasonably denied or delayed does not allow plaintiffs to hold claims adjusters personally liable, the state Supreme Court decided Monday. In a unanimous decision, the high court said the plain statutory language makes it clear that insurers,… Continue reading Colo. Supreme Rules Adjuster Can’t Be Held Personally Liable for Denied Claim