Tred R. Eyerly | Insurance Law Hawaii The court agreed with Travelers that Lloyd’s had a duty to defend the underlying personal injury case. Travelers Indem. Co. v. Underwriters at Lloyd’s, 2025 U.S. Dist. LEXIS 118445 (S.D. N. Y. June 23, 2025). Jerome Avenue owned a multi-tenant property in the Bronx,… Continue reading Court Resolves Carriers’ Dispute Over Which Must Defend
Category: Insurance
California’s Ambitious New Bill Overhauls the State’s Approach to Wildfires
Willis Hon and Bradford B. Kuhn | Nossaman In the wake of the January 2025 wildfires that devastated Southern California, the State adopted Assembly Bill 254 (2025, Becker) aimed primarily at expanding the existing Wildfire Fund meant to facilitate payments for eligible claims related to wildfires caused by electric utility infrastructure. This expansive bill—introduced in the waning… Continue reading California’s Ambitious New Bill Overhauls the State’s Approach to Wildfires
Anti-Concurrent Causation Clause Defeats Coverage
Tred R. Eyerly | Insurance Law Hawaii The insured’s claim for damage to the property’s electrical equipment and power loss after a wind and rain storm was not covered due to the policy’s anti-concurrent causation clause. Allah-Pak Properties, LLC v. Century Surety Co., No. 2:23-CV-00301, Order (S.D. Texas Aug. 8, 2025). During… Continue reading Anti-Concurrent Causation Clause Defeats Coverage
Insurers’ Motion for Summary Judgment on Collapse Claim Granted in Part, Denied in Part
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion for summary judgment on the insured’s collapse claim was partially granted, but mostly denied. LDG Rentals, LLC v. Western World Ins. Co., 2025 U.S. Dist. LEXIS 117063 (D. Kan. June 18, 2025). LDG Rentals, LLC purchased a two-story, 125 year old building.… Continue reading Insurers’ Motion for Summary Judgment on Collapse Claim Granted in Part, Denied in Part
Oregon Supreme Court Provides Much-Needed Clarity on the State’s Law Regarding Whether Damage from Construction Defect Constitutes An “Occurrence”
Ali H. Jamwal | Saxe Doernberger & Vita The Supreme Court of Oregon recently ruled that a general contractor’s tort liability for its defective work may constitute a covered “occurrence” within the meaning of the ISO commercial general liability (“CGL”) policy, providing much needed clarity on the issue under Oregon law.[1] However, property damage arising solely… Continue reading Oregon Supreme Court Provides Much-Needed Clarity on the State’s Law Regarding Whether Damage from Construction Defect Constitutes An “Occurrence”