Christine Kroupa, John Palmeri and Katelyn Werner | Insurance Coverage Law Blog Despite first party insurance policies generally requiring cooperation from an insured in the investigation of a claim, insurers can no longer rely on the failure to cooperate as a defense in a claim for first party insurance benefits in Colorado unless certain conditions… Continue reading Colorado General Assembly Sets Forth Prerequisites for an Insurance Company to Use Failure to Cooperate as a Defense to a Claim for First Party Insurance Benefits
Category: Insurance
Subcontractors Found Liable to Reimburse Insurer Defense Costs in Equitable Subrogation Action
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel In Pulte Home Corp. v. CBR Electric, Inc. (No. E068353, filed 6/10/20), a California appeals court reversed the denial of an equitable subrogation claim for reimbursement of defense costs from contractually obligated subcontractors to a defending insurer, finding that all of the elements for equitable subrogation… Continue reading Subcontractors Found Liable to Reimburse Insurer Defense Costs in Equitable Subrogation Action
Appeals Court Rules that Vertical and Not Horizontal Exhaustion Applies to Primary and First-Layer Excess Insurance
Christopher Kendrick and Valerie Moore | Haight Brown & Bonesteel In Santa Fe Braun v. Ins. Co. of North America (No. A151428, filed 7/13/20), a California appeals court relied on Montrose Chemical Corp. of California v. Superior Court (2020) 9 Cal.5th 215 (Montrose III), to hold that absent express policy wording to the contrary, horizontal exhaustion of all primary… Continue reading Appeals Court Rules that Vertical and Not Horizontal Exhaustion Applies to Primary and First-Layer Excess Insurance
At a Glance: Construction Contracts and Insurance in USA
Michael S. Zicherman | Peckar & Abramson Contracts and insurance Construction contracts What standard contract forms are used for construction and design? Must the language of the contract be the local language? Are there restrictions on choice of law and the venue for dispute resolution? Many different form contracts are utilised. The most widely used… Continue reading At a Glance: Construction Contracts and Insurance in USA
Virtual Jury Trials: The Next Wave of Remote Legal Practice
David R. Zaslow and Mark Paladino | White & Williams One of the most obvious and unavoidable results of the COVID-19 crisis has been the postponement of jury service and, by extension, all jury trials. Given the inherent difficulties of convening juries in a world of social distancing, it is likely that multiple jurisdictions will… Continue reading Virtual Jury Trials: The Next Wave of Remote Legal Practice