Patrick F. Nugent | Bad Faith Sentinel | February 13, 2019 Propitious, LLC owns a two-story building and leased the first floor of the property to Connacht, LLC, which used the space to operate a restaurant and sports bar. Propitious insured the property under a policy issued by Badger Mutual Insurance Company; Connacht insured the… Continue reading Northern District of Illinois Dismisses Statutory Bad Faith Claim Against Insurer Where Bona Fide Coverage Dispute Existed and Insured Failed to Plead Sufficient Facts Showing that Insurer Unreasonably Refused to Comply with Policy Obligations
Tag: Advise & Consult
Bailout for an Improperly Drafted Indemnification Provision
David Adelstein | Florida Construction Legal Updates | December 22, 2018 A recent opinion came out that held that even though an indemnification provision in a subcontract was unenforceable per Florida Statute s. 725.06, the unenforceable portion is merely severed out of the indemnification clause leaving the rest of the clause intact. In essence, an otherwise invalid indemnification clause is bailed… Continue reading Bailout for an Improperly Drafted Indemnification Provision
Protective Safeguards Endorsements: Does Your Policy Have One?
Daniel Veroff | Property Insurance Coverage Law Blog | February 16, 2019 We see many commercial insurance claims denied because the insured did not maintain a particular “protective safeguard” required by the policy. For example, a policy may require burglar alarms, and exclude coverage for theft if alarms are not working at the time of… Continue reading Protective Safeguards Endorsements: Does Your Policy Have One?
Terms of Your Teaming Agreement Matter
Christopher G. Hill | Construction Law Musings | January 7, 2019 These days in construction, and other pursuits, teaming agreements have become a great method for large and small contractors to work together to take advantage of various contract and job requirements from minority participation to veteran ownership. With the proliferation of these agreements, parties must be… Continue reading Terms of Your Teaming Agreement Matter
Court Rules Sewer Backup Clause Does Not Include Internal Plumbing
Jason Cieri | Property Insurance Coverage Law Blog | February 13, 2019 Back in January 2017, I blogged about the landmark case of Pichel v. Dryden Mutual Insurance Company,1 where New York’s Third Department ruled that the insurance policy contained an ambiguity when differentiating between loss caused by backup to a sewer or drain and a loss caused by… Continue reading Court Rules Sewer Backup Clause Does Not Include Internal Plumbing