Court Upholds Texas’ “First Come, First Served” Approach When Claimant Demands Exceed Policy Limits

Sara Nau | Phelps Dunbar In a recent opinion, the Fifth Circuit reaffirmed and applied its holding from OGA Charters. In doing so, it blocked (via a bankruptcy adversary proceeding) one set of plaintiffs from keeping an insured’s entire policy limit, which the insurer paid as per Texas’ “first come first served” approach to time-limited policy limits demands.… Continue reading Court Upholds Texas’ “First Come, First Served” Approach When Claimant Demands Exceed Policy Limits

Number of “Occurrences” for Determining Policy Limits in California Construction Defect Cases

Kelly Smith | Snell & Wilmer Insurance policies generally have different policy limits depending on the number of “occurrences.” For example, the amount of money recoverable under an insurance policy may be $5 million per occurrence with a $20 million aggregate limit. Therefore, when determining policy limits, deductible liability or considering settlement in a construction… Continue reading Number of “Occurrences” for Determining Policy Limits in California Construction Defect Cases

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