Kevin Pollack | Property Insurance Coverage Law Blog | April 20, 2017 After denying claims, insurers sometime seek to avoid bad faith liability by taking their chances that a court will rule in their favor, and then, if the court rules otherwise, immediately tendering the monies owed under the insurance policy to the insured. A… Continue reading Can an Insurer Avoid Bad Faith by Waiting to Pay Until Court Rules the Policy Covers the Loss?
Tag: Advise & Consult
Essential Property Insurance Coverage Information Withheld from Consumers
Nicole Vinson | Property Insurance Coverage Law Blog | April 23, 2017 An April 2017 report by United Policyholders reveals the state rankings of homeowner insurance protections that impact buying insurance. The research revealed that many major insurance companies and many states withhold coverage and policy provisions from consumers during the purchase. These same companies and… Continue reading Essential Property Insurance Coverage Information Withheld from Consumers
New York Court Upholds Suit Limitation Period, Ruling Appraisal is Not a Condition Precedent to Filing Suit
Heidi Hudson Raschke | PropertyCasualtyFocus | April 21, 2017 Courts will generally uphold reasonable suit limitation periods in property insurance policies, if the insurer does not affirmatively waive or extend them. In MZM Real Estate Corp. v. Tower Ins. Co. of New York, No. 452741/2015 (N.Y. Sup. Ct. April 11, 2017), a New York court… Continue reading New York Court Upholds Suit Limitation Period, Ruling Appraisal is Not a Condition Precedent to Filing Suit
Mitigation of Construction Defect Litigation- Top 10 Construction Contract Issues
Rebecca Dow | National Law Review | April 18, 2017 When negotiating a construction contract with a general contractor (GC), the owner/developer should be aware of, and address, a number of issues to attempt to mitigate or limit the risk of construction defect litigation for a residential project, including multi-family and for-rent residential apartment and… Continue reading Mitigation of Construction Defect Litigation- Top 10 Construction Contract Issues
Faulty House Inspection did not Cause Property Damage 11th Cir, Florida
Jody Nathan | Reinsurance Law Blog | April 19, 2017 In Auto-Owners Insurance Co. v. Ralph Gage Contracting Inc., the Kjellanders sued Gage after he inspected a house they wanted to buy and gave it a positive report. The Kjellanders claimed the house had mold and a bad HVAC system, and they wouldn’t have bought… Continue reading Faulty House Inspection did not Cause Property Damage 11th Cir, Florida