Tred R. Eyerly | Insurance Law Hawaii | November 20, 2017 The appellate court found that the claims file that existed before the insurer’s denial was discoverable. Cascade Builders Corp. v. Rugar, 2017 N.Y. App. Div. LEXIS 7357 (N.Y. App. Div.. Oct. 19, 2017). Cascade Builders was the general contractor for the homeowners. In May 2011,… Continue reading Production of Pre-Denial Claim File Compelled
Tag: insurance coverage
Some Decisions Policyholders Can Be Thankful for this Year
Bryan J. Coffey | Pillsbury Winthrop Shaw Pittman LLP | November 27, 2017 It’s that time of the year when Americans gather together, enjoy a feast, and fall asleep in front of the TV. But before the tryptophan kicks in, we also like to give thanks for the good things that have happened in the… Continue reading Some Decisions Policyholders Can Be Thankful for this Year
Montana Supreme Court Holds that a Waiver of Consequential Damages and a Partial Limitation of Liability in a Design Contract are not Contrary to Montana Law
Emily D. Anderson | Constructlaw | November 30, 2017 Zirkelbach Constr., Inc. v. DOWL, LLC, 2017 Mont. Lexis 591 (Mont., Sept. 26, 2017) In interpreting a state statute which makes contractual limitations on a party’s liability unenforceable in certain instances, the Supreme Court of Montana recently upheld the validity of a contract provision in a… Continue reading Montana Supreme Court Holds that a Waiver of Consequential Damages and a Partial Limitation of Liability in a Design Contract are not Contrary to Montana Law
Does a ‘Nationwide Coverage’ Clause Mean the Insurer Can Be Sued In Any Court?
Steven A. Meyerowitz | Property Casualty 360° | November 16, 2017 It all depends on whether the insurer’s contact is close enough. It’s no secret that each party to a lawsuit wants to win and that part of trial strategy is filing suit in a court that the plaintiff thinks is most likely to provide… Continue reading Does a ‘Nationwide Coverage’ Clause Mean the Insurer Can Be Sued In Any Court?
California Court Confirms Broad Coverage Under “Ongoing Operations” Endorsements
Kevin C. Brantley | Payne & Fears | November 15, 2017 A California Court of Appeal has confirmed that additional insured endorsements (“AIE”) granting coverage for liability arising out of a named insured’s “ongoing operations,” and in effect during those “ongoing operations,” do not require that the liability arise while the named insured is performing… Continue reading California Court Confirms Broad Coverage Under “Ongoing Operations” Endorsements