David Adelstein | Florida Construction Legal Updates A liability insurer has two duties: 1) the duty to defend its insured; and 2) the duty to indemnify its insured. With respect to the second duty – the duty to indemnify – this duty is typically “not ripe for adjudication unless and until the insured or putative… Continue reading Insurer’s Duty to Indemnify not Ripe Until Underlying Lawsuit Against Insured Resolved
Category: Insurance
Insurer’s Attempt to Strike Experts in Collapse Case Fails
Tred R. Eyerly | Insurance Law Hawaii The insurer’s efforts to exclude two of the insured’s experts in a collapse case were unsuccessful. Hudon Specialty Ins. Co. v. Talex Enterprises, LLC, 2019 U.S. Dist. LEXIS 150148 (S.D. Miss. Sept. 4, 2019). The insureds’ building collapsed. The remaining portions of the building required immediate… Continue reading Insurer’s Attempt to Strike Experts in Collapse Case Fails
Not All Damages Are Created Equal – the Proper Application of the Economic Loss Doctrine
Rahul Gogineni | The Subrogation Strategist In William Lansing v. Doe, 2019 Ore. App. LEXIS 1564, the Court of Appeals of Oregon considered whether the Economic Loss Doctrine (ELD) applied to the plaintiff’s claims based on purportedly faulty construction work in a home. In determining that damage to persons or property is not a purely economic loss… Continue reading Not All Damages Are Created Equal – the Proper Application of the Economic Loss Doctrine
No Coverage to Builder for Beetle-Infested Logs
Larry P. Schiffer | Squire Patton Boggs Nearly all construction jobs require that the contractor purchase insurance. Commercial general liability insurance (“CGL”) is often what is purchased. CGL policies also typically have an exclusion for property damage to “your work.” In a recent case, the Ninth Circuit Court of Appeals addressed this exclusion in a… Continue reading No Coverage to Builder for Beetle-Infested Logs
Welcome to the Hall of Shame(rs)
Dennis Jay | Insurance Fraud News Insurance fraud is an $80 billion a year industrial enterprise, churning out stolen insurance cash with the collective financial force of an overheated solar flare. Say hello to the newest avatars of avarice, the freshly chosen members of the Insurance Fraud Hall of Shame … the No-Class of 2019.… Continue reading Welcome to the Hall of Shame(rs)