John Corbett | Barnes & Thornburg Does an insurance company have a duty to defend a lawsuit against your company where the actual facts of the claim are within coverage, but the complaint fails to mention potentially covered facts? Perhaps surprisingly, the answer depends on the state law that governs the questions of insurance policy… Continue reading Out of Sight, But Not Out of Mind: Facts Outside the Pleadings and the Duty to Defend
Category: Insurance
Identifying and Accessing Coverage in Complex Construction Claims
Jeffrey J. Vita and Michael V. Pepe | Saxe Doernberger & Vita I. Introduction First-party, third-party, builder’s risk, professional liability, commercial general liability, wrap-ups, and additional insured status are all potential sources of insurance coverage for a large construction loss. Therefore, it is critical for construction industry participants, from owners and developers to general contractors… Continue reading Identifying and Accessing Coverage in Complex Construction Claims
Insurers Need to Do Their Homework: Review of the Use of Data, Algorithms, and Predictive Models
Jamie Bigayer and Ann Young Black | Carlton Fields On July 6, 2021, the governor of Colorado signed Senate Bill 21-169 prohibiting insurers’ use of external consumer data and information sources (external data), as well as algorithms and predictive models using external data (technology) in a way that unfairly discriminates based on race, color, national… Continue reading Insurers Need to Do Their Homework: Review of the Use of Data, Algorithms, and Predictive Models
Surety Bonds vs. Subcontractor Default Insurance
C. Andrew Gibson | Stoel Rives With construction teams navigating the effects of the COVID-19 pandemic and the world’s material supply chains, securing project performance has perhaps never been at such a premium. If a contractor cannot timely perform, or if a subcontractor simply pulls out of a new project bid in order to pursue… Continue reading Surety Bonds vs. Subcontractor Default Insurance
No Showing of “Appreciable Prejudice” Required Because Insured Violated Consent to Settle Provision
Elizabeth Fisher | Wiley Rein The United States Court of Appeals for the Third Circuit, applying New Jersey law, has held that an insurer can deny coverage under a claims-made policy, without demonstrating “appreciable prejudice,” if the insured fails to comply with a clear condition precedent to coverage requiring the insurer’s written consent before agreeing… Continue reading No Showing of “Appreciable Prejudice” Required Because Insured Violated Consent to Settle Provision