Tred R. Eyerly | Insurance Law Hawaii The Second Circuit predicted that the New York appellate courts would find the contractual indemnity provision prevailed over the application of an “other insurance” provisions. Cent. Sur. Co. v. Metro. Transit Auth., 2021 U.S. App. LEXIS 29860 (2nd Cir. Oct. 5,2021). Long Island Railroad (LIRR)… Continue reading Indemnity Provision Prevails Over “Other Insurance” Clause
Category: Insurance
Understanding Wrap Insurance Policies
Jeff G. Coyner | The Green Law Group Construction job sites entail particular liabilities for property owners and contractors alike. To effectively manage this liability, many job sites now include an Owner Controlled Insurance Program (OCIP) or a Contractor Controlled Insurance Program (CCIP). These programs are becoming more and more popular as a way to… Continue reading Understanding Wrap Insurance Policies
Exclusions In Construction Insurance Policies
Jeff G. Coyner | The Green Law Group Construction general liability policies are expensive in today’s market. In response to this, insurance underwriters have attempted to make policies less expensive. Insurance companies do this by adding exclusions to policies which limit the instances where a carrier may have to pay. How exclusions make insurance less… Continue reading Exclusions In Construction Insurance Policies
Nevada Rules Insured Has Burden to Prove Exception to Exclusion
Michael Lowry | Wilson Elser On October 28, 2021, the Nevada Supreme Court joined 26 other state supreme courts, holding the insured has the burden to prove an exception to an exclusion. The question before the court was if an insurance policy provides coverage, but that coverage is then modified by an exclusion, who has… Continue reading Nevada Rules Insured Has Burden to Prove Exception to Exclusion
Nevada Insureds Can Rely on Extrinsic Facts to Show that An Insurer Owes a Duty to Defend
Sarah Odia and Scott Thomas | Payne & Fears On Oct. 28, 2021, the Nevada Supreme Court in Zurich American Insurance Company v.. Ironshore Specialty Insurance Company, 137 Nev. Adv. Op. 66, held that an insured can rely on extrinsic facts to show that an insurer has a duty to defend the insured, as long as… Continue reading Nevada Insureds Can Rely on Extrinsic Facts to Show that An Insurer Owes a Duty to Defend