Tag: insurance coverage

Oregon Court of Appeals Rejects Insurer’s Attempt to Cast its Own Insured as Just Another Insurer

Dwain Clifford | The Policyholder Report | March 1, 2017 You’re sued. You tender the defense of the lawsuit to your insurer, but it refuses to defend you. You settle the case and then file a lawsuit against your insurer for what it should have paid to defend you while sitting out of the fight.… Continue reading Oregon Court of Appeals Rejects Insurer’s Attempt to Cast its Own Insured as Just Another Insurer

Could You Be More Specific . . . About My Excess AI Coverage?

Yas Omidi | California Construction Law Blog | February 21, 2017 Are you a general contractor who is pretty sure that you have additional insured coverage for some stuff under your sub-subcontractor’s excess policy? Advent, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, Case No. H041934 (December 6, 2016) warns you to be… Continue reading Could You Be More Specific . . . About My Excess AI Coverage?

Agree to Use your “Professional Best” ? You may lose Insurance Coverage! (Law Note)

Melissa Dewey Brumback | Construction Law in North Carolina | February 24, 2017   Yesterday, I was part of a panel at the NC Bar Association Construction Law Winter Meeting, discussing insurance issues for design professionals. One topic we touched on was how to avoid invalidating your insurance.  As most of you know, Errors & Omissions… Continue reading Agree to Use your “Professional Best” ? You may lose Insurance Coverage! (Law Note)

Related Acts Provisions in Professional Liability Policies

Christopher Fredericks and Gregory S. Mantych | International Law Office | February 7, 2017 Introduction Of the various provisions found in insurance policies, few lend themselves to existential exploration more than those concerning ‘related’ acts. What makes two separate acts related? Does the relationship come down to the similarities or the differences? Does one act… Continue reading Related Acts Provisions in Professional Liability Policies

Proof of Loss: Can an Insurer Deny Coverage and Later Argue the Claim is Barred Because the Insured Did Not Comply with the Proof of Loss Condition?

Kevin Pollack | Property Insurance Coverage Law Blog | February 24, 2017 Insurers on occasion deny coverage or make claim decisions based on one ground, and then later, during litigation, seek to avoid liability based upon an entirely new defense theory. Although coverage decision letters regularly throw in boilerplate language seeking to avoid waiving coverage… Continue reading Proof of Loss: Can an Insurer Deny Coverage and Later Argue the Claim is Barred Because the Insured Did Not Comply with the Proof of Loss Condition?