Tred Eyerly | Insurance Law Hawaii | December 29, 2015 The court denied the insurer’s motion for summary judgment, holding that the insurer had a duty to defend the additional insured against claims for construction defects. Centex Homes v. Lexington Ins. Co., 2014 U.S. Dist. LEXIS 164472 (C.D. Cal. Nov. 24, 2014). Centex contracted with Gateway… Continue reading Insurer Has Duty to Defend Additional Insured in Construction Defect Case
Tag: Insurance Claims
Policyholder in Texas Can Proceed on Bad Faith Claim Even Though Roof Replaced Prior to Inspection
Brandee Bower | Property Insurance Coverage Law Blog | January 2, 2015 A recent decision out of Texas found that an insured who replaced his roof prior to the insurance company inspecting it could proceed on his claims of bad faith. In Santacruz v. Allstate Texas Lloyds,1 the insured suffered damage to his home when… Continue reading Policyholder in Texas Can Proceed on Bad Faith Claim Even Though Roof Replaced Prior to Inspection
Governor Cuomo Signed Bill Into Law On November 21st Allowing Appraisals In New York To Determine “Scope Of Loss”
Shaun Marker | Property Insurance Coverage Law Blog | January 6, 2015 Appraisal in first-party property insurance claims is meant to resolve disagreements over the amount of loss. Appraisal is a contractual alternative dispute resolution process. But often the parties dispute involves some disagreement over the scope of the covered damages resulting from the loss. Insurance… Continue reading Governor Cuomo Signed Bill Into Law On November 21st Allowing Appraisals In New York To Determine “Scope Of Loss”
Minnesota holds “Comparable Material and Quality” Requires Wholesale Replacement where Undamaged Siding is Faded
Richard C. Bennett | Cozen O’Connor | December 23, 2014 Matching issues are frequently problematic when storms damage only portions of an insured structure’s exterior and it proves impossible to replace the damaged sections with material that is an exact match for the rest of the building’s roof or siding. Earlier this month, the Minnesota… Continue reading Minnesota holds “Comparable Material and Quality” Requires Wholesale Replacement where Undamaged Siding is Faded
“Specified Cause of Loss” in Colorado Can Determine Whether There is Coverage
Brandee Bower | Property Insurance Coverage Law Blog | December 10, 2014 I recently came across a case in Colorado involving a suit filed by a business owner against the insurance company for damage to his building when an underground water main leak caused settling.1 The facts are: The plaintiff owned a building where he operated… Continue reading “Specified Cause of Loss” in Colorado Can Determine Whether There is Coverage