Joseph W. Gross | Wiley Rein The United States Court of Appeals for the First Circuit, applying Massachusetts law, affirmed the United States District Court for the District of Massachusetts’s holding that a university’s late-noticed claim was not covered under a claims-made-and-reported insurance policy. President & Fellows of Harvard Coll. v. Zurich Am. Ins. Co., 2023 WL 5089317 (1st… Continue reading First Circuit Confirms That Late Notice Bars Coverage Under Claims-Made-And-Reported Policy
Tag: insurance coverage
Heads I Win, Tails You Lose: Washington Supreme Court Rejects Insurers’ Efforts To Sell Illusory Insurance Coverage
William C. Miller and Robert L. Wallan | Pillsbury Winthrop Shaw Pittman Courts don’t look kindly upon insurance company shell games. In Preferred Contractors Ins. Co. v. Baker & Son Construction, the Washington Supreme Court slapped down an insurer’s attempt to manipulate the type of general liability “trigger” it wrote to sell coverage that was illusory.… Continue reading Heads I Win, Tails You Lose: Washington Supreme Court Rejects Insurers’ Efforts To Sell Illusory Insurance Coverage
Construction Litigation Roundup: “This Is a Simple, Straightforward Insurance Dispute.”
Daniel Lund III | Phelps Dunbar When the judge’s opinion starts out that way, you know one side in the case is about to take it on the chin. A contractor’s builder’s risk insurer with a policy covering a warehouse renovation project in Beaumont, Texas, was asked to cover damages caused to the building by… Continue reading Construction Litigation Roundup: “This Is a Simple, Straightforward Insurance Dispute.”
PFAS Product Liabilities and Defense Costs May Be Covered by Insurance
Lorelie S. Masters, Michael S. Levine and Charlotte Leszinske | Hunton Andrews While liability for PFAS—Per- and Polyfluoroalkyl Substances, also known as “forever chemicals”—may be an emerging issue, the availability of insurance coverage for these and similar liability claims is not. “Commercial general liability,” or CGL, insurance was specifically designed to cover claims made by… Continue reading PFAS Product Liabilities and Defense Costs May Be Covered by Insurance
Judgment for Insurer Reversed Due to Failure to Establish Depreciation
Tred R. Eyerly | Insurance Law Hawaii The trial court erred in placing the burden on the policyholder to establish depreciation in determining the actual cash value of the loss. SFR Serv., LLC v. Tower Hill Prime Ins. Co., 2023 Fla. App. LEXIS 3570 (Fla. Ct. App. May 26, 2023). The insureds’… Continue reading Judgment for Insurer Reversed Due to Failure to Establish Depreciation