Nick Thede | The Policyholder Report | September 22, 2016 Today, the Oregon Supreme Court unanimously rejected a liability insurer’s attempt to avoid paying on a judgment entered against its insured in Fountain Court Homeowners’ Ass’n v. FountainCourt Dev., LLC. The Court held that an insurer cannot re-litigate an underlying lawsuit as part of an insurance-coverage… Continue reading Oregon Supreme Court Forecloses Insurers from Taking a Second Bite at the Apple
Tag: Insurance Claims
Oregon Federal Court Endorses Broad Definition of “Property Damage”
David Delmar | The Policyholder Report | July 28, 2016 In a recent case, Oregon Shakespeare Festival Ass’n v. Great American Ins. Co., the federal District Court for the District of Oregon adopted a liberal interpretation of “property damage.” The Oregon Shakespeare Festival Association (OSF) suffered a loss during its season: nearby wildfires caused smoke… Continue reading Oregon Federal Court Endorses Broad Definition of “Property Damage”
Subcontractor Exception Torpedoes Insurers’ Defense To Faulty Workmanship Claim
Daniel G. Enriquez and Robert D. Helfand | PropertyCasualtyFocus | September 16, 2016 As this blog has reported, a line of cases deciding coverage disputes over faulty workmanship runs against (or, at least, around) a basic rule for interpreting insurance policies. Under that rule, the scope of coverage is determined by a policy’s insuring clause, which… Continue reading Subcontractor Exception Torpedoes Insurers’ Defense To Faulty Workmanship Claim
Why Focusing Recovery Efforts on RCV Only Can Prove Disastrous for Insureds Who Fail to Make a Demand and Present Evidence of ACV
Kevin Pollack | Property Insurance Coverage Law Blog | July 27, 2016 My colleague Ed Eshoo recently wrote a blog addressing how Illinois courts follow the Prevention Doctrine (if an insurer prevents or hinders an insured from complying with the condition to repair/replace the property before being entitled to full replacement cost, then the insured’s… Continue reading Why Focusing Recovery Efforts on RCV Only Can Prove Disastrous for Insureds Who Fail to Make a Demand and Present Evidence of ACV
How Drones Might Change the Way Insurers Take Claims
Patrick Skahill | WNPR | September 6, 2016 An assortment of drones that could be used in the field to take insurance claims. New federal rules that make it easier for companies to fly drones could mean big benefits for lots of businesses: news organizations, movie makers looking to get that perfect shot, and one… Continue reading How Drones Might Change the Way Insurers Take Claims