Stephen Foresta, Aaron Jaroff and Lee Royster | McGuireWoods Insurance policies invariably require insureds to submit timely written notice of a “Claim” made by third parties to obtain coverage from the insurer. A recent decision from the United States District Court for the Southern District of New York is yet another reminder that insureds need… Continue reading Another Judicial Reminder for Policyholders to Carefully Review Policy Language and Provide Timely Notice of a “Claim”
Tag: insurance coverage
Seventh Circuit Finds Notice-of-Impairment Exclusion Bars Coverage for Warehouse Fire
Alex M. Bein | PropertyCasualtyFocus In Frankenmuth Mut. Ins. Co. v. Fun F/X II, Inc., the U.S. Court of Appeals for the Seventh Circuit considered whether loss from a warehouse fire was excluded from coverage because of the insureds’ failure to notify the insurer of a known impairment to the building’s fire protection systems prior to… Continue reading Seventh Circuit Finds Notice-of-Impairment Exclusion Bars Coverage for Warehouse Fire
Known Means Known: Eleventh Circuit Requires Actual Knowledge to Trigger Insured’s Notice Obligation
Miguel Rodriguez | PropertyCasualtyFocus In Frankenmuth Mutual Insurance Co. v. Brown’s Clearing Inc., the Eleventh Circuit Court of Appeals affirmed an Alabama district court’s ruling that the insured was not required to give notice of an underlying lawsuit until the insured had actual knowledge of the suit. Brown’s Clearing, a tree clearing company, hired a subcontractor… Continue reading Known Means Known: Eleventh Circuit Requires Actual Knowledge to Trigger Insured’s Notice Obligation
California Appeals Court Says No Duty to Defend Where Policy Exclusion Applies
Alex Purvis, Emily M. Ruzic and Amandeep S. Kahlon | Build Smart In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work performed by subcontractors under the contractor’s warranty exclusion. Specifically, the appellate court upheld the trial… Continue reading California Appeals Court Says No Duty to Defend Where Policy Exclusion Applies
Reservation of Rights Letter Merely Citing Policy Provisions Inadequate
Tred R. Eyerly | Insurance Law Hawaii In an unpublished opinion, the Fourth Circuit affirmed the district court’s finding that the insurers’ reservation of rights letters did not provide a basis for denial of coverage. Stoneiedge At Lake Keowee Owners Ass’n Inc. v. Cincinnati Ins. Co., 2022 US. App. LEXIS 34292 (4th Dist. Dec.… Continue reading Reservation of Rights Letter Merely Citing Policy Provisions Inadequate