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
Category: Insurance
First-Step Analysis: Bringing Insurance Litigation Proceedings in USA
Mary Beth Forshaw | Simpson Thacher Preliminary and jurisdictional considerations in insurance litigation Fora In what fora are insurance disputes litigated? Most insurance disputes are litigated in state or federal trial courts. An insurance action may be subject to original federal court jurisdiction by virtue of the federal diversity statute, 28 USC section 1332(a). In… Continue reading First-Step Analysis: Bringing Insurance Litigation Proceedings in USA
New York Court Finds No Coverage Owed for Asbestos Losses Because Insured Failed to Prove Material Terms
Marianne Bradley and Gregory Capps | White and Williams In the long-tail insurance context, it is not unusual to have issues arise addressing “lost” or “missing” policies. In an opinion issued on January 22, 2021, a New York court ruled that an insurer did not owe coverage to its insured for underlying asbestos claims because… Continue reading New York Court Finds No Coverage Owed for Asbestos Losses Because Insured Failed to Prove Material Terms
Florida Appellate Court Determines Faulty Workmanship Exclusion in Homeowner’s Policy Is Not Ambiguous and Thus Damage Caused by Contractor’s Conduct Is Not a Covered Loss
Matthew Lewis | PropertyCasualtyFocus In Saunders v. Florida Peninsula Insurance Co., a Florida appellate court recently determined whether a faulty workmanship exclusion in a homeowner’s policy applied to a property loss caused by a contractor. The insured, Veronica Saunders, hired a contractor to install a new addition to her home, which was insured by Florida Peninsula… Continue reading Florida Appellate Court Determines Faulty Workmanship Exclusion in Homeowner’s Policy Is Not Ambiguous and Thus Damage Caused by Contractor’s Conduct Is Not a Covered Loss
3 Ways COVID-19 Will Continue to Impact Insurance Industry in 2021
Insurance Journal The effects of the COVID-19 pandemic will be felt by the insurance industry and its customers well into 2021 as consumers and businesses continue to face economic challenges, according to a new survey by consumer credit reporting firm TransUnion. Insurance customers will also expect insurers to offer digital tools that make it easier… Continue reading 3 Ways COVID-19 Will Continue to Impact Insurance Industry in 2021