Mason Medeiros | Faegre Drinker Biddle & Reath At a Glance When a policyholder is at fault, their insurer is often faced with multiple claims. These claims add up quickly and can easily surpass policy limits. With clear fault and insufficient policy limits, what is an insurer to do? While insurers are required to act… Continue reading Property & Casualty Insurers: Multiple Claims Beyond Settlement Limits
Tag: insurance
Taking the Right Steps To Navigate the Consent To Settle Provision in an Insurance Policy and Maintaining the Right to Coverage Even After a Stumble
Lynda Bennett and Jade Sobh | Lowenstein Sandler Insurers often try to withhold, or at least minimize, coverage by taking the position that a policyholder has failed to keep the insurer sufficiently informed throughout the defense of an underlying matter or has failed to secure the insurer’s consent before settling a claim. Policyholders find themselves… Continue reading Taking the Right Steps To Navigate the Consent To Settle Provision in an Insurance Policy and Maintaining the Right to Coverage Even After a Stumble
Alleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property Damage
Tred R. Eyerly | Insurance Law Hawaii The court found that even if the insured’s negligent misrepresentations constituted an accident, the disclosures did not cause physical damage to the property. Wood v. USAA Cas. Ins. Co., 2024 U.S. Dist. LEXIS 180624 (D. S.C. Sept. 12, 2024). The insured, Clinton Wood, purchased a… Continue reading Alleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property Damage
Homeowners Did Not Substantially Meet Policy’s Condition Precedent to Recover Replacement Cost Value
Victoria Johnson | Zelle Property Insurance/Replacement Cost Homeowners Did Not Substantially Meet Policy’s Condition Precedent to Recover Replacement Cost Value Insurer Did Not Waive Conditions Henderson v. State Farm Fire and Casualty Co., 113 F.4th 1042 (8th Cir. 2024) Case at a Glance Insured homeowners (“Homeowners”) filed suit against State Farm for breach of contract… Continue reading Homeowners Did Not Substantially Meet Policy’s Condition Precedent to Recover Replacement Cost Value
BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute
David McLain | Higgins, Hopkins, McLain & Roswell In the recent case of BKV Barnett, LLC v. Electric Drilling Technologies, LLC, the United States District Court for the District of Colorado dealt with significant legal issues concerning indemnification and insurance obligations in construction agreements. The ruling, handed down on September 26, 2024, serves as a crucial… Continue reading BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute