Michael A. Pinto and Jacob Kooistra | Property Casualty 360 The documents that comprise the current standard of care uniformly emphasize physical removal as the primary means of mold remediation. Claims adjusters and managers recognize that most home and business policies have caps on the amount paid out to deal with mold remediation. In the… Continue reading Why Killing Mold is not Enough for an Insurance Claim
Tag: insurance claim
No License, No Contract, No Claim
Jeffrey MacHarg | Fox Rothschild LLP Can an unlicensed general contractor enforce a construction contract in North Carolina? “No,” and as Judge Conrad explains, “[t]his is an unyielding rule.” JCG & Associates, LLC vs. Disaster America USA, LLC, 2021 NCBC Order 76 (N.C. Super. Ct. Dec. 9, 2021) involved a dispute between several Brunswick county homeowners and… Continue reading No License, No Contract, No Claim
California Court Rules Jury Must Resolve Dispute Between Homeowner and Subcontractor Insurer Over When Claim Occurred
Blake Robinson | Davis Wright Tremaine The California Court of Appeal recently reversed a trial court’s dismissal of a lawsuit, concluding that because there was a dispute over when a homeowner’s claim “occurred” for purposes of an insurance policy, that dispute must be resolved by a jury. Case Background Guastello v. AIG Specialty Insurance Co.1 involved… Continue reading California Court Rules Jury Must Resolve Dispute Between Homeowner and Subcontractor Insurer Over When Claim Occurred
Some Insurers Dismissed, Others Are Not in Claims for Faulty Workmanship
Tred R. Eyerly | Insurance Law Hawaii The insured Developer survived a motion to dismiss by one of several carriers who were asked to defend against claims for faulty workmanship. East 111 Assoc. LLC v. RLI Ins. Co., 2019 N.Y. Misc. LEXIS 5331 (Oct. 4, 2019). Developers sponsored a residential condominium project… Continue reading Some Insurers Dismissed, Others Are Not in Claims for Faulty Workmanship
Montana Supreme Court: Insurer Not Bound by Insured’s Settlement
K. Alexandra Byrd | SDV Insights | October 24, 2019 In Draggin’ Y Cattle Co., Inc. v. Junkermier, et al.1 the Montana Supreme Court held that where an insurer defends its insured and the insured subsequently settles the claims without an insurer’s participation, a court may approve the settlement as between the underlying plaintiff and underlying defendant,… Continue reading Montana Supreme Court: Insurer Not Bound by Insured’s Settlement