David Smith | Policyholder Perspective | June 7, 2017 This is part one of a two-part series looking at how court decisions in recent years have thwarted general contractors’ reasonable expectation of coverage under their general liability policies. In early March, the Ninth Circuit Court of Appeals issued an unpublished opinion in Archer Western Contractors v.… Continue reading Courts Misunderstand the Meaning of “That Particular Part”
Tag: insurance coverage
The Interplay Between Property Damage Caused by an Explosion and Coverage
Stephanie Poll | Property Insurance Coverage Law Blog | June 9, 2017 Insurance provisions related to explosions, like all other terms, are subject to the rules of construction applied to all insurance contracts. Typically, property damage caused by explosions is covered under the policy. However, some policies may expressly define the term “explosion” to exclude… Continue reading The Interplay Between Property Damage Caused by an Explosion and Coverage
Court Denies Insurers’ Motions for Summary Judgment Under All Risk Policies
Tred R. Everly | Insurance Law Hawaii | May 22, 2017 The federal district court found that the insurers could not escape coverage by summary judgment under their all risk policies. Eagle Harbour Condo Ass’n v. Allstate Ins. Co., 2017 U.S. Dist. LEXIS 54761 (W.D. Wash. April 10, 2017). Eagle Harbour Condominium Association sued several of… Continue reading Court Denies Insurers’ Motions for Summary Judgment Under All Risk Policies
Insurers Cannot Rely on Rescission if They Fail to Inquire and Investigate Insureds Before Claims
Kevin Pollack | Property Insurance Coverage Law Blog | June 6, 2017 After a claim is made, and despite the obligation to objectively, fairly, and reasonably investigate a claim with an eye toward providing coverage and without putting the insurance company’s interests ahead of their insured’s, some insurers actively look for ways to deny coverage. One of… Continue reading Insurers Cannot Rely on Rescission if They Fail to Inquire and Investigate Insureds Before Claims
Judge Denies Insurer’s Motion to Bifurcate Coverage and Bad Faith
Erin Dunnavant | Property Insurance Coverage Law Blog | June 5, 2017 On May 25, 2017, Susan M. Bazis, United States Magistrate Judge for the District of Nebraska, denied an insurer’s Motion to Bifurcate and Stay Discovery on Plaintiff’s Bad Faith Claim.1 The underlying action is based on a loss due to a hailstorm suffered at… Continue reading Judge Denies Insurer’s Motion to Bifurcate Coverage and Bad Faith