Melissa Brill and Alexander Selarnick | Cozen O’Connor | January 8, 2018 On December 18, 2017, the U.S. Court of Appeals for the Seventh Circuit issued a decision that will impact insurance coverage for property damage claims, especially in Illinois. In W. Side Salvage, Inc. v. RSUI Indem. Co., the Seventh Circuit, applying Illinois law, held… Continue reading 7th Circuit: Damage to Property Exclusion Applies Broadly to Damage Caused by Defective Work
Tag: insurance coverage
Compliance with Policy Conditions After a Denial of Coverage
Edward Eshoo | Property Insurance Coverage Law Blog | January 6, 2018 In Florida, an insurer’s denial of coverage constitutes a waiver of its right to require an insured to comply with policy conditions before filing suit.1 But, what if insured requests an insurer to reconsider its coverage denial before filing suit? Does the request to… Continue reading Compliance with Policy Conditions After a Denial of Coverage
Traps Await the Unwary in “Claims-Made” Insurance Policies
Dwain Clifford | The Policyholder Report | December 29, 2017 Under typical Commercial General Liability policies, which are triggered by an “occurrence” during the policy period, an insured can safely wait until being served with a complaint to notify the insurer about the litigation. But policies written on a “claims made” basis, such as many… Continue reading Traps Await the Unwary in “Claims-Made” Insurance Policies
Additional Insured Is Covered Under Ongoing Operations Endorsement Despite Subcontractor’s Completion of Work
Tred R. Eyerly | Insurance Law Hawaii | December 13, 2017 Although the homeowners did not own their homes when the subcontractors completed their work, the general contractor was still covered as an additional insured for the homeowners’ suits based on the ongoing operations endorsement in the subcontractors’ policies. McMillin Mgmt. Servs. v. Fin. Pac. Ins.… Continue reading Additional Insured Is Covered Under Ongoing Operations Endorsement Despite Subcontractor’s Completion of Work
Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage
Tred R. Eyerly | Insurance Law Hawaii | December 18, 2017 The Tennessee Court of Appeals reversed the trial court’s determination that the seller’s alleged negligent misrepresentation regarding the propensity of the property to flood was covered. Erie Ins. Exh. v. Maxwell, 2017 Tenn. App. LEXIS 746 (Tenn. Ct. App. Nov. 15, 2017). The Chapmans purchased… Continue reading Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage