Identifying and Accessing Coverage in Complex Construction Claims

Jeffrey J. Vita and Michael V. Pepe | Saxe Doernberger & Vita I. Introduction First-party, third-party, builder’s risk, professional liability, commercial general liability, wrap-ups, and additional insured status are all potential sources of insurance coverage for a large construction loss. Therefore, it is critical for construction industry participants, from owners and developers to general contractors… Continue reading Identifying and Accessing Coverage in Complex Construction Claims

Insurers Need to Do Their Homework: Review of the Use of Data, Algorithms, and Predictive Models

Jamie Bigayer and Ann Young Black | Carlton Fields On July 6, 2021, the governor of Colorado signed Senate Bill 21-169 prohibiting insurers’ use of external consumer data and information sources (external data), as well as algorithms and predictive models using external data (technology) in a way that unfairly discriminates based on race, color, national… Continue reading Insurers Need to Do Their Homework: Review of the Use of Data, Algorithms, and Predictive Models

Insured Versus Insured Exclusion Does Not Bar Coverage for Claims Brought by Member of Insured LLC

Katelyn Cramp | Wiley Rein Applying Washington law, a federal district court has held that an insured versus insured exclusion does not bar coverage for claims asserted by a member of an insured limited liability company. Starr Indem. & Liab. Co. v. Point Ruston LLC, 2021 WL 3630511 (W.D. Wash. Aug. 17, 2021). The court also… Continue reading Insured Versus Insured Exclusion Does Not Bar Coverage for Claims Brought by Member of Insured LLC

Anti-Concurrent Causation Clause Eliminates Loss from Hurricane

Tred R. Eyerly | Insurance Law Hawaii     The court found the insured was not covered for losses caused by Hurricane Laura due to the implementation of the policy’s anti-concurrent causation clause. Aegis Sec. Ins. Co. v. Lejeune, 2021 U.S. Dist. LEXIS 106804 (W. D. La. June 7, 2021).      At the time of the… Continue reading Anti-Concurrent Causation Clause Eliminates Loss from Hurricane

Condo Collapse: Everyone Will Point Fingers But Florida Laws Narrow Liability

Tom Hals | Insurance Journal The collapse of a condominium tower near Miami will set off years of litigation as victims and their families look to find fault among the building’s management as well as engineers, architects and others, according to legal experts. Disaster struck in Surfside, Florida, on June 24 as a major repair… Continue reading Condo Collapse: Everyone Will Point Fingers But Florida Laws Narrow Liability