Masaki J. Yamada | Ahlers & Cressman PLLC | December 22, 2016 Washington Courts allow an insurer to determine its duty to defend an insured against a lawsuit based only on the face of the complaint and the limitations of the insurance policy. This is otherwise known as the “eight corners” rule (four corners of… Continue reading Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage
Tag: insurance coverage
Damages Proof in Subrogation Cases
DON’T TAKE IT FOR GRANTED Hobart M. Hind, Jr., JD | Claims Magazine | January 2017 In the past few years, savvy defense lawyers have taken a more inquisitive approach on the valuation of subrogation damages across all lines of insurance. Gone are the days of assuming the damages must be right because no carrier… Continue reading Damages Proof in Subrogation Cases
Insurance Coverage – “Other Insurance” Provisions Between Excess Carriers
David Blinn | Low, Ball & Lynch | January 2017 Advent, Inc. v National Union Fire Ins. Co. of Pittsburgh, PA Court of Appeal, Sixth Appellate District (December 6, 2016) Historically, “other insurance” clauses in liability policies were designed to prevent multiple recoveries when more than one policy provided coverage for a given loss. Where… Continue reading Insurance Coverage – “Other Insurance” Provisions Between Excess Carriers
Additional Insured Not Entitled to Coverage for Post-Completion Defects
Tred R. Eyerly | Insurance Law Hawaii | December 21, 2016 The general contractor, an additional insured on the subcontractor’s policy, was not entitled to coverage for construction defect claims that arose after completion of the project. Weitz Co. v. Acuity, 2016 U.S. Dist. LEXIS 150433 (S.D. Ohio Oct. 31, 2016). Weitz was the general contractor… Continue reading Additional Insured Not Entitled to Coverage for Post-Completion Defects
Oregon Supreme Court Reaffirms Broad Nature of the Duty to Defend, even in the Face of Ambiguous or Unclear Allegations
Kevin Mapes | The Policyholder Report | December 14, 2016 Back in August 2015, I wrote this post about the Oregon Court of Appeals opinion in West Hills Development Co. v. Chartis Claims, Inc., where the court confirmed that Oregon’s broad duty to defend extended to parties claiming rights as “additional insureds.” Last week, the… Continue reading Oregon Supreme Court Reaffirms Broad Nature of the Duty to Defend, even in the Face of Ambiguous or Unclear Allegations