Marianne Bradley and Gregory Capps | White and Williams In the long-tail insurance context, it is not unusual to have issues arise addressing “lost” or “missing” policies. In an opinion issued on January 22, 2021, a New York court ruled that an insurer did not owe coverage to its insured for underlying asbestos claims because… Continue reading New York Court Finds No Coverage Owed for Asbestos Losses Because Insured Failed to Prove Material Terms
Tag: insurance coverage
Does a No-Damages-for-Delay Provision Preclude a Claim for Disruption Damages?
Erik M. Coon | Smith Currie & Hancock Delays and disruptions on construction projects are very similar, but there are important conceptual differences, even though the claims often arise on the same project. The primary distinction is that a disruption or loss of productivity claim usually involves the increased cost of less efficient work, while… Continue reading Does a No-Damages-for-Delay Provision Preclude a Claim for Disruption Damages?
Snapshot: Insurance Claims and Coverage in USA
Marion Leydier, Mark F. Rosenberg and William D. Torchiana | Sullivan & Cromwell Insurance claims and coverage Third-party actions Can a third party bring a direct action against an insurer for coverage? As a general rule, such direct actions are not permitted in most states absent an unsatisfied judgment against the insured. A few states… Continue reading Snapshot: Insurance Claims and Coverage in USA
Florida Supreme Court Defines Damages Recoverable by First-Party Insureds in Actions Alleging Breach of Policy
Jeffrey Michael Cohen | PropertyCasualtyFocus In Citizens Property Insurance Corp. v. Manor House, LLC, the Florida Supreme Court recently answered “no” to the following question certified as a matter of “great public importance”: In a first-party breach of insurance contract action brought by an insured against its insurer, not involving suit under section 624.155, Florida Statutes,… Continue reading Florida Supreme Court Defines Damages Recoverable by First-Party Insureds in Actions Alleging Breach of Policy
Claim Against Broker Survives Motion to Dismiss
Tred R. Eyerly | Insurance Law Hawaii The insured’s complaint against its broker for failure to secure adequate coverage survived a motion to dismiss. Broecker v. Conklin Prop., LLC, 2020 N.Y. App. Div. LEXIS 7399 (Dec. 2, 2020). Conklin Property, LLC purchased real property and entered into a contract with JJC Contracting,… Continue reading Claim Against Broker Survives Motion to Dismiss