Tred R. Eyerly – October 28, 2013 The New Jersey Supreme Court held that one insurer could seek contribution from another insurer who settled with and secured a release from the insured. Potomac Ins. Co. v. Pennsylvania Manufacturers’ Ass’n Ins. Co., 2013 N.J. LEXIS 847 (N.J. Sept. 16, 2013) The township of Evesham retained Roland… Continue reading One Insurer’s Settlement with Insured Does Not Bar Contribution Claim by Other Insurers
Tag: Insurance Claims
Overlooked Obtaining an Additional Insured Endorsement? You Might be Saved by the Automatic Additional Insured Endorsement – or Might Not.
Richard Dyer – October 18, 2013 Many CGL policies typically include an endorsement that contains a clause providing for automatic additional insured status without a project specific schedule listing names of additional insureds. (See, for example, form CG 2033 0704, “Additional Insured-Owners, Lessees or Contractors – Automatic Status When Required in Construction Agreement With You”). … Continue reading Overlooked Obtaining an Additional Insured Endorsement? You Might be Saved by the Automatic Additional Insured Endorsement – or Might Not.
Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions
Buck Mann – Higgins, Hopkins, McLain & Roswell – August 8, 2013 The Colorado Court of Appeals has decided a case which answers a question long in need of an answer: do banks/lenders have standing to assert construction defect claims when they receive title to a newly-constructed home following a foreclosure sale or deed-in-lieu of… Continue reading Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions
Colorado State Legislature and Governor Hickenlooper Stop Insurers from Shortening the Statute of Limitations on Unsuspecting Policyholders
David Furtado – October 22, 2013 On May 10, 2013, Governor Hickenlooper ended the ability of insurers to shorten the statute of limitations through provisions in contracts with their policyholders. The bill Governor Hickenlooper signed made changes to Colorado Revised Statute Section 10-4-110.8, now entitled Homeowner’s insurance–prohibited and required practices–estimates of replacement value–additional living expense… Continue reading Colorado State Legislature and Governor Hickenlooper Stop Insurers from Shortening the Statute of Limitations on Unsuspecting Policyholders
Calif. Court Limits Bad Faith Claims Against Insurers
Bibeka Shrestha, Law360 – October 8, 2013 A California appeals court on Monday limited insurers’ exposure to bad faith claims by holding that carriers are not required to proactively settle a claim just because it’s clear that the stakes are higher than what their policy offers in coverage. The published ruling marks a victory for… Continue reading Calif. Court Limits Bad Faith Claims Against Insurers