Garret Murai | California Construction Law Blog Just because you own a pair of Air Jordans doesn’t make you Michael Jordan. In the next case, Carter v. Pulte Home Corporation, Case No. A154757 (July 23, 2020), the 1st District Court of Appeal denied an insurance carrier’s equitable subrogation claim explaining that an insurer’s obligations under its… Continue reading Insurance Policies and Indemnity Provisions Are Not the Same
Category: Insurance
Federal Court Holds That Other Insurance Analysis Is Unnecessary If Policies Cover Different Risks
Craig Rokuson | Traub Lieberman In Greater Mutual Insurance Company v. Continental Casualty Company, 2020 WL 5370419 (S.D.N.Y. September 8, 2020), the United States District Court for the Southern District of New York had occasion to consider the “other insurance” provisions of a commercial general liability policy, issued by Greater Mutual Insurance Company (“GNY”), and a… Continue reading Federal Court Holds That Other Insurance Analysis Is Unnecessary If Policies Cover Different Risks
Avoid the Headache – Submit the Sworn Proof of Loss to Property Insurer
David Adelstein | Florida Construction Legal Updates Property insurance policies (first party insurance policies) contain post-loss obligations that an insured must (and should) comply with otherwise they risk forfeiting insurance coverage. One post-loss obligation is the insurer’s right to request the insured to submit a sworn proof of loss. Not complying with a post-loss obligation such as submitting… Continue reading Avoid the Headache – Submit the Sworn Proof of Loss to Property Insurer
Defining Occurrence – When Policy Definitions Do Not Apply to All Coverages
John V. Garaffa | Butler Weihmuller Katz Craig On September 8, 2020 the United States Court of Appeals for the Eleventh Circuit issued its decision in Port Consolidated, Inc. v. International Insurance Company of Hannover, PLC, 2020 WL 5372281 (11th Cir 2020). The decision is notable for two reasons. First, the Court addressed whether definitions in… Continue reading Defining Occurrence – When Policy Definitions Do Not Apply to All Coverages
Fifth Circuit Holds That Ensuing Loss Provision of Builders’ Risk Policy Requires Two Separate Events to Qualify for the Construction Exclusion Carve-Out
Benjamin Stearns | PropertyCasualtyFocus In Balfour Beatty Construction, LLC v. Liberty Mutual Fire Insurance Company, No. 19-20216 (August 3, 2020), the Fifth Circuit determined that Liberty Mutual’s policy does not cover a construction company’s claim for window damage to a skyscraper caused by a subcontractor’s welding because the policyholder failed to show the damage resulted from… Continue reading Fifth Circuit Holds That Ensuing Loss Provision of Builders’ Risk Policy Requires Two Separate Events to Qualify for the Construction Exclusion Carve-Out