David Adelstein | Florida Construction Legal Updates I have discussed this before in prior postings, but it is worth repeating. It is imperative for an insured to comply with post loss obligations in a property insurance policy. Not doing so gives the insurer the argument that its insured forfeited coverage under the policy. Naturally, this is… Continue reading Read the Property Insurance Policy to be Sure You are Complying with Post Loss Obligations
Tag: insurance coverage
Did the 4th District Court of Appeal Make Any Real Change to an Insurer’s “Late Notice” Defense?
Michael Kranzler | Chartwell Law A condition precedent to receiving coverage under almost any insurer’s homeowner’s policy is an obligation for the insured to provide reasonably “prompt” notice of any loss. However, most policies never define what constitutes “prompt,” creating a common angle of attack for insureds trying to avail themselves of their delay in… Continue reading Did the 4th District Court of Appeal Make Any Real Change to an Insurer’s “Late Notice” Defense?
No Coverage for Lawsuit That Related Back to Claim Made During Prior Policy Period
Edward Brown | Wiley Rein The United States Court of Appeals for the Eighth Circuit, applying Arkansas law, has affirmed a ruling in favor of an insurer holding that there was no coverage for a claim made during one policy period but not reported until the following policy period. Pine Bluff Sch. Dist. v. Ace Amer.… Continue reading No Coverage for Lawsuit That Related Back to Claim Made During Prior Policy Period
Insured Failed to Timely Report Grievance Letter as ‘Professional Claim,’ But Insurer’s Late Notice Denial Waived By Seven-Month Delay
Elizabeth Jewell | Wiley Rein The United States District Court for the Southern District of New York, applying New York law, has concluded that, even though a grievance letter to an insured constituted a “Professional Claim” that was not timely reported, the insurer waived its late notice coverage defense by waiting seven months to deny… Continue reading Insured Failed to Timely Report Grievance Letter as ‘Professional Claim,’ But Insurer’s Late Notice Denial Waived By Seven-Month Delay
New York Appellate Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues
Paul A. Briganti | Complex Insurance Coverage Reporter On October 9, 2020, the New York Supreme Court, Appellate Division, Fourth Department, decided an appeal from a trial court’s 2018 summary judgment ruling on a number of coverage issues arising out of asbestos-related bodily injury claims against plaintiffs Carrier Corporation (Carrier) and Elliott Company (Elliott). See Carrier Corp. v.… Continue reading New York Appellate Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues