Robert Tugander | Rivkin Radler State and local governments have been pursuing “public nuisance” claims against companies responsible in some way for societal problems. We’ve seen cases against manufacturers and distributors of guns, lead paint and opioids. And this theory is being tested in climate change cases against energy companies. As new legal theories and… Continue reading Lead Paint Litigation Raises Coverage Questions for Policyholders
Tag: insurance coverage
No Coverage for Repairs Made Before Suit Filed
Tred R. Eyerly | Insurance Law Hawaii After a hurricane damaged the building the insured was constructing, there was no coverage under the CGL policy for repairs the insured made in the absence of a suit being filed. Planet Construction J2911 LLC. v. Gemini Ins. Co., 2022 U.S. Dist. LEXIS 105468 (W.D. La. June… Continue reading No Coverage for Repairs Made Before Suit Filed
Coverage for Named Windstorm Removed by Insured, Terminating Such Coverage
Tred R. Eyerly | Insurance Law Hawaii Over a series of policies, the insured had no coverage for named windstorms when it was removed from the policies in return for a reduced premium. Shiloh Christian Ctr. v. Aspen Sec. Ins. Co. 2022 U.S. Dist. LEXIS 100959 (M. D. Fla. May 9, 2022). … Continue reading Coverage for Named Windstorm Removed by Insured, Terminating Such Coverage
U.S. District Court of Colorado Interprets Insurance Policy’s Faulty Workmanship Exclusion and Exception for Ensuing Damage
Carin Ramirez | Colorado Construction Litigation Recently, the United States District Court for the District of Colorado interpreted a faulty workmanship exclusion in a property insurance policy in The Lodge at Mountain Village Owner Association v. Eighteen Certain Underwriters of Lloyd’s of London, 22 U.S Dist. Ct LEXIS 48883*, decided on March 18, 2022. The Court held… Continue reading U.S. District Court of Colorado Interprets Insurance Policy’s Faulty Workmanship Exclusion and Exception for Ensuing Damage
Narrow Promissory Estoppel Exception to Create Insurance Coverage
David Adelstein | Florida Construction Legal Updates There is an affirmative claim known as promissory estoppel. (Whereas equitable estoppel is used an affirmative defense, promissory estoppel is used as an affirmative claim.) To prove promissory estoppel, a plaintiff must plead and prove the following three elements: “(1) a representation as to a material fact that is… Continue reading Narrow Promissory Estoppel Exception to Create Insurance Coverage