Aaron Weiss | PropertyCasualtyFocus | May 19, 2017 In a recent unpublished opinion, the Eleventh Circuit issued a decision that should serve as a warning to insurers to be sure to resolve all issues before dismissing a coverage action, particularly when involved in the settlement of an underlying suit. A Tale of Two Cases In… Continue reading Eleventh Circuit Deems Voluntary Dismissal of a Coverage Action Sufficient to Award Attorneys’ Fees to a Policyholder as the Prevailing Party
Tag: Insurance Claims
Insurer’s Refusal to Provide Explanation for Claim Denial Until Litigation Supports Bad Faith Award
Christina Phillips | Property Insurance Coverage Law Blog | May 14, 2017 The Court of Appeals of Tennessee recently affirmed an award which included bad faith damages against Farmers Mutual of Tennessee where the insurer repeatedly failed to explain to the insured what the basis for the denial of the claim was until the insurer… Continue reading Insurer’s Refusal to Provide Explanation for Claim Denial Until Litigation Supports Bad Faith Award
Multiple Instances of Defectively Designed, Manufactured, or Installed Windows Does Multiple Occurrences Make
Nora Valenza-Frost | PropertyCasualtyFocus | May 12, 2017 After previously holding that various claims against the insured, Pella, alleged property damage caused by an “occurrence,” thus triggering Liberty Mutual Insurance Company’s (“Liberty”) coverage obligations under various CGL policies, in Pella Corp. v. Liberty Mut. Ins. Co., No. 4:11-cv-00273 (S.D. Mar. 31, 2017), the Southern District… Continue reading Multiple Instances of Defectively Designed, Manufactured, or Installed Windows Does Multiple Occurrences Make
Deconstructing Construction Claims (Part 1)
Mary Furst and James McCurley | California Lawyer | May 8, 2017 Forensic accountants explain the methodology to properly analyze economic losses that allegedly flow from construction defects. Complex construction defect cases usually include architects, engineers and contractors, some of whom may be the claimants, some the responding parties, and some serving as expert witnesses.… Continue reading Deconstructing Construction Claims (Part 1)
Question of Insurer’s Duty Hinges on Dictionary Definition
Samantha Joseph | Daily Business Review | April 7, 2017 A dispute before the Florida Supreme Court looks like it could play by the book, specifically Black’s Law Dictionary. At the heart of the case is a question on whether insurers have a duty to intervene on a client’s behalf during pre-litigation efforts involving construction… Continue reading Question of Insurer’s Duty Hinges on Dictionary Definition