Gloria Gonzalez | Business Insurance | 4.15.2016 Risk managers have to carefully weigh their options when considering whether to sue insurers over a denial of coverage, as such lawsuits can be costly and result in an even bigger loss for their companies. “As a risk manager, I have to understand that the best risk management… Continue reading Try to Settle before Suing for Insurance Coverage
Tag: insurance coverage
A Double Standard in Construction Defect Coverage Cases?
David L. Beck | Pillsbury Winthrop Shaw Pittman LLP | April 19, 2016 The recent decision of Allied Property & Casualty Insurance Co. v. Metro North Condominium Associates highlights why only a minority of jurisdictions still hold to the fiction that construction defects cannot give rise to an “occurrence” covered under a CGL policy. It also… Continue reading A Double Standard in Construction Defect Coverage Cases?
Second Circuit Holds Ambiguity of Phrase “Caused Only By” Permits Coverage Where Uncovered Perils Contribute to Property Damage
Darren S. Teshima, Harry J. Moren and Alison K. Roffi | March 23, 2016 Imprecise usage of the word “only” in policy language may create ambiguities favorable to policyholders. The Second Circuit recently agreed with policyholders that their homeowners’ policy, which insured for property damage involving the collapse of a part of a building “caused… Continue reading Second Circuit Holds Ambiguity of Phrase “Caused Only By” Permits Coverage Where Uncovered Perils Contribute to Property Damage
Insurance Insight – Texas Supreme Court Clarifies Extent of Coverage for Construction Defects under CGL Policies
Matthew T. Nickel, J. Stephen Berry and Keith Moskowitz | Dentons | March 24, 2016 In a matter of first impression, the United States Court of Appeals for the Fifth Circuit certified four questions to the Texas Supreme Court arising from an insured’s claims that its liability for a refinery owner’s replacement costs and downtime… Continue reading Insurance Insight – Texas Supreme Court Clarifies Extent of Coverage for Construction Defects under CGL Policies
Insurance Coverage – Equitable Subrogation – Doctrine of Superior Equities
David L. Blinn | Low, Ball & Lynch | February 8, 2016 Equitable subrogation is most commonly employed when an insurer pays its insured for losses and then pursues an action against the wrongdoer whose wrong caused the loss paid by the insurer. This case considered whether an insurer may bring an action for equitable… Continue reading Insurance Coverage – Equitable Subrogation – Doctrine of Superior Equities