Peter Georgiton – April 25, 2013 In Forrest Construction, Inc. v. The Cincinnati Insurance Co., No. 11-6262, 2013 U.S. App. LEXIS 722 (6th Cir.), the United States Court of Appeals for the Sixth Circuit held that an insurer breached its policy with an insured contractor when it declined to defend the contractor from a counterclaim… Continue reading Sixth Circuit Holds That Insurer Is Required to Defend Contractor in Claim by Customer, as “Your Work” Exclusion in CGL Policy Is Inapplicable
Faulty Workmanship Can Be An Accident
John Berringer – April 22, 2013 After a spate of bad decisions for policyholders on whether general liability policies can ever provide coverage for construction liabilities, three courts, in the past few weeks, have done an about-face, holding that there is coverage in certain circumstances for such liabilities. Relying on the subcontractor exception to the… Continue reading Faulty Workmanship Can Be An Accident
Are Damages Caused By Blasting or Other Man-Made Earth Movement Covered Under Your Insurance Policy?
Larry Bache – April 18, 2013 Insurance policies often include an exclusionary provision dealing with damages caused by Earth Movement. But does the exclusionary provision include natural and man-made earth movement, or just natural earth movement? According to FC&S, it depends on jurisdiction.1 The majority view is damage caused by natural earth movement is excluded,… Continue reading Are Damages Caused By Blasting or Other Man-Made Earth Movement Covered Under Your Insurance Policy?
Claim Estimates Too Low For Sandy Storm?
Joseph A. Porcelli – April 17, 2013 Super Storm Sandy – Are Insurer’s Claim Estimates Too Low? Many victims of Super Storm Sandy have found that the settlement offered by their insurance company falls short of the actual costs associated with rebuilding and restoring the damages incurred. There are several reasons for this disparity. Most… Continue reading Claim Estimates Too Low For Sandy Storm?
Florida Second DCA Rules That Payment Of Appraisal Award Satisfies The “Favorable Resolution” Requirement For A Bad Faith Action
Ben Adams – April 19, 2013 In Florida, bad-faith actions against insurers pursuant to Section 624.155 cannot be brought until (1) the insured files a civil remedy notice (CRN) accepted by Florida’s Department of Financial Services; and (2) the underlying breach of contract lawsuit is “resolved in the insured’s favor.” See Blanchard v. State Farm Mut.… Continue reading Florida Second DCA Rules That Payment Of Appraisal Award Satisfies The “Favorable Resolution” Requirement For A Bad Faith Action