Tred R. Eyerly | Insurance Law Hawaii | October 24, 2018 Applying Virginia law, the federal district court determined that the pollution exclusion did not bar coverage. Allied Prop. & Cas. Ins. Co. v. Zenith Aviation, Inc., 2018 U.S. Dist. LEXIS 14727 (E.D. Va. Aug. 29, 2018). Zenith Aviation, Inc. hired Abby Construction Company to install… Continue reading Pollution Exclusion Does Not Apply To Concrete Settling Dust
Tag: Advise & Consult
Snow: A Skier’s Delight, a Rooftop’s Demise
Cheri L. MacArthur | Cozen O’Connor | November 27, 2018 As winter approaches and snow and ice begin to cover parts of the nation, property owners in the affected areas will begin to rely upon snowmelt systems to keep roofs free of snow and ice. In recent years, to avoid the eyesore of heat cable… Continue reading Snow: A Skier’s Delight, a Rooftop’s Demise
A Fire Destroying More Than Half of the Project is not a Cardinal Change Where the Parties Entered Into a Separate Agreement to Cover the Fire Remediation Work
Kristopher Berr | Constructlaw | November 29, 2018 IES Commercial, Inc. v. Manhattan Torcon, A Joint Venture, 2018 U.S. Dist. LEXIS 164973 (D. Md. Sept. 26, 2018) In 2009, the Army Corps of Engineers hired Manhattan Torcon Joint Venture (“MT”) as general contractor to build a biological research facility at Fort Detrick, Maryland. MT subcontracted… Continue reading A Fire Destroying More Than Half of the Project is not a Cardinal Change Where the Parties Entered Into a Separate Agreement to Cover the Fire Remediation Work
Bad Faith May Arise Out Of Wrongful Misrepresentation in Application Denial
Chip Merlin | Property Insurance Coverage Law Blog | November 28, 2018 Suspicion runs rampant with some insurance companies when it comes to alleged arson. Even if they cannot prove the policyholder had anything to do with a fire, some adjusters cannot help to look for other ways to deny an insurance claim. In Hayes vs.… Continue reading Bad Faith May Arise Out Of Wrongful Misrepresentation in Application Denial
Ambiguous Insurance Application Language Leads to Bad Faith Award
Marle Laur | Property Insurance Coverage Law Blog | November 25, 2018 A Nebraska court recently ruled that an insured was entitled to bad faith damages after the court found that an insurance application was ambiguous in its language. In the case at hand, Eric Hayes (“Hayes”), the plaintiff and insured, owned a home in… Continue reading Ambiguous Insurance Application Language Leads to Bad Faith Award