John P. Fischer | Barnes & Thornburg LLP | June 6, 2016 Can a demand from a state agency trigger insurance coverage? A recent decision by the U.S. Court of Appeals for the Ninth Circuit says “yes.” Many, if not most, jurisdictions now recognize that a demand from the Environmental Protection Agency (EPA) or a… Continue reading Can a Government Agency Information Demand Trigger a Liability Insurer’s Duty to Defend?
Tag: insurance coverage
Don’t Get Caught In the Middle of a Battle Between Insurers Over “Other Insurance” Clauses
Kevin Pollack | Property Insurance Coverage Law Blog | May 12, 2016 Some of you may have encountered situations where your clients have more than one insurance policy covering the same risk. This is especially true in the commercial context where businesses not only purchase their own insurance policies, but also request to be named… Continue reading Don’t Get Caught In the Middle of a Battle Between Insurers Over “Other Insurance” Clauses
Is There Insurance Coverage for Defective Construction?
Timothy M. Thornton, Jr. | Cal Lawyer | May 9, 2016 The key is resultant property damage to other parts of the project or building. In many scenarios involving allegedly defective construction, the injured party—be it a homeowner, a commercial project developer or a homeowners association—asks that the issue be turned over to the contractor’s… Continue reading Is There Insurance Coverage for Defective Construction?
Tips in Evaluating Coverage for Construction Defect Claims
James T. Dixon, P. Wesley Lambert and Amanda M. Leffler | Brouse McDowell | April 14, 2016 Construction activity exploded in 2015, and analysts predict that 2016 will be another strong year for the industry. While this is positive news, more new construction means more construction defect litigation. So if you’re a contractor, subcontractor, landowner,… Continue reading Tips in Evaluating Coverage for Construction Defect Claims
Invoking Appraisal: “When You Have to Shoot…Shoot”
Patrick McGinnis | Property Insurance Coverage Law Blog | April 21, 2016 What constitutes invoking appraisal? Does a carrier’s refusal to go to appraisal rise to the level of breach of contract? East Richardson Baptist Church v. Philadelphia Indemnity Insurance Company,1 from the Dallas Court of Appeals, is an interesting case. The Church filed a… Continue reading Invoking Appraisal: “When You Have to Shoot…Shoot”