Bradley R. Ryba and Steven P. Nassi | Goldberg Segalla | April 9, 2019 With limited exception, an insurer that owes a duty to defend to its insured cannot litigate whether it also has a duty to indemnify the insured for the same matter until after the insured’s liability has been resolved. In a unanimous… Continue reading Eleventh Circuit: When an Insurer Has a Duty to Defend, Its Duty to Indemnify Is Not Ripe Until Resolution of the Underlying Lawsuit
Tag: Insurance Coverage Disputes
Builder’s Risk Insurance Coverage for $3 Million Loss Denied Due to Failure to Adequately Secure Construction Site
Gregory M. Boucher | Construction Industry Counselor | March 26, 2019 A recent Federal Court summary judgment decision provides a stark warning for contractors and owners to adequately secure their construction sites, or risk denial of insurance coverage. See Praetorian Ins. Co. v. Axia Contracting, LLC, No. 17-CV-2034-WJM-KLM, 2019 WL 1002939 (D. Colo. Mar. 1, 2019). In Praetorian,… Continue reading Builder’s Risk Insurance Coverage for $3 Million Loss Denied Due to Failure to Adequately Secure Construction Site
Dictionary Guides Court in Multimillion-Dollar Coverage Dispute
Janine Stanisz | Policyholder Pulse | March 22, 2019 A little under two years ago, we wrote about the fatal Oxford comma—you know, the one that comes before “and” in a list—and the impact of its omission on a court’s interpretation of a Maine employment statute. The court effectively gave a $10 million lesson in grammar… Continue reading Dictionary Guides Court in Multimillion-Dollar Coverage Dispute
Church vs. Church – Court Uses Dictionary to Define “Decay”
Jason Cleri | Property Insurance Coverage Law Blog | March 8, 2019 Easthampton Congregational Church submitted an insurance claim to Church Mutual Insurance Company when their roof suddenly collapsed. Church Mutual denied coverage for faulty construction after they sent their engineer, Joseph Malo, out to inspect the property. Mr. Malo noted, and the insured agreed,… Continue reading Church vs. Church – Court Uses Dictionary to Define “Decay”
Wisconsin Follows “Cause Theory” in Determining Number of Occurrences
Andrew W. Miller | Brouse McDowell | March 1, 2019 In Secura Insurance v. Lyme St. Croix Forest Company, LLC, No. 2016AP299 (Oct. 30, 2018), the Wisconsin Supreme Court determined the number of occurrences arising from a large forest fire that took place in May of 2013. The fire in question allegedly began in a piece… Continue reading Wisconsin Follows “Cause Theory” in Determining Number of Occurrences