Tred R. Eyerly | Insurance Law Hawaii Interpreting Montana law, the federal district court found that the policy’s anti-concurrent causation clause prevented coverage for the insured’s damaged home. Ward v. Safeco Ins. Co. of Am., 2021 U.S. Dist. LEXIS 149051 (D. Mont. Aug. 9, 2021). Plaintiff was advised by her tenants that water… Continue reading Montana Federal Court Upholds Application of Anti-Concurrent Causation Clause
Tag: insurance coverage
How You Plead Allegations to Trigger Liability Insurer’s Duties is Critical
David Adelstein | Florida Construction Legal Updates How you plead allegations in your lawsuit to trigger duties of a liability insurance carrier is a critical consideration. If the complaint is not pled appropriately, it can result in the carrier NOT owing a duty to defend its insured, which is the party(ies) you are suing. If there… Continue reading How You Plead Allegations to Trigger Liability Insurer’s Duties is Critical
Second Circuit Rules Indemnity Provision in Construction Contract Trumps “Other Insurance” Clause in Determining Priority of Coverage
Scott Seaman | Insights for Insurers A recent decision by a panel of the U.S. District Court of Appeals for the Second Circuit serves as a reminder that sometimes insurers and policyholders must look outside the insurance policies to determine the priority of coverage among insurance contracts. We have previously discussed how, in some instances,… Continue reading Second Circuit Rules Indemnity Provision in Construction Contract Trumps “Other Insurance” Clause in Determining Priority of Coverage
Tenth Circuit Rules Against Insurer and Decides That Appraisers Can Decide Causation
Karl Schulz | Cozen O’Connor In the continuing saga of what can and cannot be appraised in a property insurance appraisal, the Tenth Circuit, in contrast to many other courts, has ruled appraisers can determine coverage issues. In Bonbeck Parker, LLC v. Travelers Indem. Co. of Am., 2021 U.S. App. LEXIS 29607 (10th Cir. October 1,… Continue reading Tenth Circuit Rules Against Insurer and Decides That Appraisers Can Decide Causation
Court in Montana Applies Anti-Concurrent Causation Clause to Earth Movement Exclusion
Alycen A. Moss and Elliot Kerzner | Property Insurance Law Observer A district court in Montana recently applied an anti-concurrent clause in a property insurance policy to preclude coverage based on an earth movement exclusion. In Ward v. Safeco Ins. Co. of Amer., No. 1:19-CV-0133-SPW, 2021 WL 3492294 (D. Mont. Aug. 9, 2021), the insured’s tenant… Continue reading Court in Montana Applies Anti-Concurrent Causation Clause to Earth Movement Exclusion