Jackson Otto | Husch Blackwell Utah’s Supreme Court recently issued an opinion which dramatically expands premise owners’ liability for asbestos-related injuries. On August 5, 2021, the Court reversed Utah’s Court of Appeals and held that a lawsuit could proceed against two premises owners on the theory that asbestos dust from their facilities was brought home… Continue reading Utah Expands Premise-Owner Liability To Take-Home Asbestos Plaintiffs
Category: Insurance
Certificates as Evidence of Additional Insured Coverage Are All the Rage, But You Deserve Better
Joseph L. Cohen, W. Mason and Sean Milani-nia | Fox Rothschild Consider the following scenario: the construction project is ready to proceed. The deal is done. The agreements have all been carefully crafted, with detailed provisions on insurance dedicated to reducing risk. Those provisions require the downstream trade contractors to furnish certificates of insurance listing… Continue reading Certificates as Evidence of Additional Insured Coverage Are All the Rage, But You Deserve Better
Florida Court Gives Parties Assigned a Subrogation Claim a Math Lesson
Lian Skaf | The Subrogation Strategist Although the focus of most subrogation cases is usually on proving liability, determining the appropriate measure of damages is just as important. Sometimes turning on a nuanced argument for recoverability, an adverse holding can significantly boost or reduce the total damages in a case. The Court of Appeal of… Continue reading Florida Court Gives Parties Assigned a Subrogation Claim a Math Lesson
Why Snow, Hail and Wildfire Are Expensive for Insurance Industry
Leslie Kaufman | Insurance Journal If you’re having trouble wrapping your mind around the spree of natural catastrophes currently plaguing the world—from deadly July floods in Germany and China to the wildfires still burning in Greece, California and Siberia —you may be interested to know the professional risk calculators are too. Climate change is exacerbating extreme and… Continue reading Why Snow, Hail and Wildfire Are Expensive for Insurance Industry
No Allocation for Defense Costs Incurred in Lawsuit Comprised of Covered and Uncovered “Claims”
Emily Hart | Wiley Rein The U.S. District Court for the Northern District of California, applying California law, has held that, under a duty to defend policy, an insurer was required to pay defense costs incurred in a lawsuit where the lawsuit contained both covered and uncovered “claims.” Stem, Inc. v. Scottsdale Ins. Co., 2021 WL… Continue reading No Allocation for Defense Costs Incurred in Lawsuit Comprised of Covered and Uncovered “Claims”