Kelly Smith | Snell & Wilmer On September 23, 2021, the Colorado Court of Appeals issued its opinion in Johnson Nathan Strohe, P.C. v. MEP Engineering, Inc., addressing a matter of first impression. The court of appeals held for the first time that an ambiguous limitation of liability clause may be enforced. This stands in contrast… Continue reading Colorado Enforces Ambiguous Limitation of Liability Clauses
Category: Insurance
What Goes Around Comes Around
Jonathan Bank, Matthew Murphy and Ernesto Rafael Palomo | Locke Lord In 1990, the Second Circuit in Bellefonte Reinsurance Co. v. Aetna Casualty & Surety Co., 903 F.2d 910 (2d Cir. 1990), affirmed a District Court judgment that reinsurers were not obligated to pay additional sums for defense costs over and above the limits of liability… Continue reading What Goes Around Comes Around
ACV And RCV: Are Courts Respecting The Difference?
Mary Alice Jasperse | Drew Eckl & Farnham A continual issue that our clients have seen is for contractors and public adjusters to attempt to blur the distinction between ACV and RCV figures in an effort to recover RCV upfront and without incurring the RCV expenses. In appraisal, this circumstance can arise when a policyholder demands appraisal… Continue reading ACV And RCV: Are Courts Respecting The Difference?
California Court of Appeal Finds Alleged Inadequate Defense by Insurer-Appointed Defense Counsel Does Not Trigger a Right to Independent Counsel
Robert Dennison | Traub Lieberman Insurance Law Blog The California Second District Court of Appeal had occasion to examine an insurer’s duty to provide independent counsel (“Cumis counsel”) to its insured in a declaratory relief action entitled Nede Management, Inc. v. Aspen American Insurance Company. The action arose from a fire on a property covered by an… Continue reading California Court of Appeal Finds Alleged Inadequate Defense by Insurer-Appointed Defense Counsel Does Not Trigger a Right to Independent Counsel
An Insurance Policy Isn’t Ambiguous Just Because You Want It To Be
David Adelstein | Florida Construction Legal Updates When it comes to insurance contracts, there is a rule of law that states, “where interpretation is required by ambiguity in insurance contracts[,] the insured will be favored.” Pride Clean Restoration, Inc. v. Certain Underwriters at Lloyd’s of London, 46 Fla. L. Weekly D2584a (Fla. 3d DCA 2021) (citation… Continue reading An Insurance Policy Isn’t Ambiguous Just Because You Want It To Be