James M. Eastham | Traub Lieberman In Pittsfield Dev. LLC v. Travelers Indem. Co., 2024 U.S. Dist. LEXIS 117530 (N.D. Ill. July 3, 2024), the United States District Court for the Northern District of Illinois addressed an alleged material misrepresentation by an insured during the course of the adjustment of a water loss claim at… Continue reading Federal District Court Addresses Material Misrepresentation in First Party Property Damage Claim
Category: Insurance
Louisiana Supreme Court Clarifies Time For Asserting Claims For Defense And Indemnification
Jose R. Ruiz | DeutschKerrigan In Bennett vs. DEMCO Energy Services, LLC,[1] rendered on May 10, 2024, the Louisiana Supreme Court resolved a conflict among the appellate courts and held that a defendant’s contractual claim for defense and indemnity against a co-defendant or third-party defendant was not legally “premature” and could be asserted in the pending litigation,… Continue reading Louisiana Supreme Court Clarifies Time For Asserting Claims For Defense And Indemnification
Real Case, Real Lessons: Understanding Builders’ Risk Insurance Limits
David McLain | Higgins, Hopkins, McLain & Roswell In the recent case of 5333 Mattress King LLC v. Hanover Insurance Company, the United States District Court for the District of Colorado provided significant insights into the limits of builders’ risk insurance policies. Mattress King LLC, a warehouse owner, faced a substantial loss when a subcontractor drove… Continue reading Real Case, Real Lessons: Understanding Builders’ Risk Insurance Limits
Insured’s Claim for Water Damage Dismissed with Leave to Amend
Tred R. Eyerly | Insurance Law Hawaii The court granted the insurer’s motion to dismiss the insured’s claim for water damage under a homeowners’ policy, but granted leave to amend. Thompson v. State Farm Gen. Ins. Co., 2024 U.S. Dist. LEXIS 98486 (C.D. Cal. June 3, 2024). The insureds’ first amended complaint… Continue reading Insured’s Claim for Water Damage Dismissed with Leave to Amend
Equitable Subrogation: Insights Into Legal Complexities In Recovery
Jose A. Aquino | Duane Morris The principle of equitable subrogation plays a central role in ensuring that the party responsible for causing loss or damage is held accountable. This doctrine allows an insurer, who has compensated the insured for a loss, to assume the legal rights of the insured to seek recovery from the… Continue reading Equitable Subrogation: Insights Into Legal Complexities In Recovery