Michael V. Pepe | SDV Insights In Berkley Assurance Company v. Hunt Construction Group, Inc., 465 F.Supp.3d 370 (S.D.N.Y., 2020), professional liability insurer Berkley sued its insured, Hunt, a construction management firm, seeking a declaration that it did not owe Hunt a duty to defend and indemnify against breach of contract claims. The United States District… Continue reading “Multiple Claims” Provisions on Contractor’s Professional Liability Policy Creates a Trap for Policyholders
Tag: insurance coverage
Avoid Creating Coverage By Estoppel, Waiver & Forfeiture: California
Alicia Gurries | Cozen O’Connor Waiver, estoppel and forfeiture are doctrines on which insureds often rely to try to create coverage outside the terms of the insurance policy. Insureds will often assert that they are entitled to such extra-contractual coverage based entirely on how the insurer handled the claim. But under California law, these doctrines often do not apply,… Continue reading Avoid Creating Coverage By Estoppel, Waiver & Forfeiture: California
Triable Issue of Fact Exists as to Insurer’s Obligation to Provide Coverage Under Occurrence Policy
Valerie A. Moore and Kathleen E.M. Moriarty | Haight Brown & Bonesteel In Guastello v. AIG Specialty Ins. Co. (No. G057714. filed 2/19/21 ord. pub. 2/23/21), a California appeals court held that triable issues of material fact exist which precluded summary judgment for an insurer seeking to disclaim coverage on the basis that the “occurrence” pre-dated the… Continue reading Triable Issue of Fact Exists as to Insurer’s Obligation to Provide Coverage Under Occurrence Policy
Continuous and Progressive Damage Raised Factual Question as to the Timing of “Occurrence”
Jeffrey S. Crowe | Sheppard Mullin Richter & Hampton Thomas Guastello v. AIG Specialty Insurance Company, — Cal.Rptr.3d –, 2021 WL 650878 (Cal. Ct. App., Feb. 19, 2021), Fourth Appellate District Court of Appeal, Case No. G057714. Various stakeholders in the Pointe Monarch housing development in Dana Point, California, accused subcontractor C.W. Poss Inc. (“Poss”)… Continue reading Continuous and Progressive Damage Raised Factual Question as to the Timing of “Occurrence”
Triable Issue of Fact Exists as to Insurer’s Obligation to Provide Coverage Under Occurrence Policy
Valerie Moore and Kathleen Moriarty | Haight Brown & Bonesteel In Guastello v. AIG Specialty Ins. Co. (No. G057714. filed 2/19/21 ord. pub. 2/23/21), a California appeals court held that triable issues of material fact exist which precluded summary judgment for an insurer seeking to disclaim coverage on the basis that the “occurrence” pre-dated the policy period… Continue reading Triable Issue of Fact Exists as to Insurer’s Obligation to Provide Coverage Under Occurrence Policy