Ashley Cowgill and Eric Gold | Policyholder Pulse Blog In a previous post, we addressed blanket additional insured endorsements and the role they play in passing insurance obligations downstream. In short, the purpose of a “blanket” endorsement is to grant additional insured status to any company as required in a written contract with the named insured.… Continue reading Is Contractual Privity Required for Additional Insured Status? Courts Are Divided.
Category: Insurance
Is It Legal To Require Indemnification On Project Application Or As Condition Of Approval?
Ryan Michael Leaderman and Paloma Perez-McEvoy | Holland & Knight Highlights Local agencies routinely require project applicants to agree to indemnification on application forms or as conditions of approval. These agreements or conditions of approval typically include language requiring an applicant to agree to defend, indemnify, protect and hold harmless the local agency in any… Continue reading Is It Legal To Require Indemnification On Project Application Or As Condition Of Approval?
Continuous and Progressive Damage Raised Factual Question as to the Timing of “Occurrence”
Jeffrey S. Crowe | Sheppard Mullin Richter & Hampton Thomas Guastello v. AIG Specialty Insurance Company, — Cal.Rptr.3d –, 2021 WL 650878 (Cal. Ct. App., Feb. 19, 2021), Fourth Appellate District Court of Appeal, Case No. G057714. Various stakeholders in the Pointe Monarch housing development in Dana Point, California, accused subcontractor C.W. Poss Inc. (“Poss”)… Continue reading Continuous and Progressive Damage Raised Factual Question as to the Timing of “Occurrence”
New York Court Finds Insurers Cannot Recover Defense Costs Where No Duty to Indemnify
Tred R. Eyerly | Insurance Law Hawaii In a case of first impression, the Supreme Court of New York, Appellate Division, found the insurer had no right to reimbursement of defense costs paid to defend the insured. Am. W. Home Ins. Co. v. Gjoaj Realty & Mgt. Co., 2020 N.Y. App. Div. LEXIS 8286… Continue reading New York Court Finds Insurers Cannot Recover Defense Costs Where No Duty to Indemnify
Allocating Covered and Uncovered Damages in Jury Verdict
David Adelstein | Florida Construction Legal Updates When a liability insurer defends an insured from a third-party claim, they oftentimes do so under a reservation of rights. A reservation of rights letter is issued to the insured that identifies certain coverage exclusions or reservations relative to the insurance policy that may impact the insurer’s duty to indemnify the… Continue reading Allocating Covered and Uncovered Damages in Jury Verdict