A. Kate Margolis | If Pays To Be Covered The hallmark of a claims-made liability policy is coverage exclusively for claims “first made” during the policy period, thus limiting the insurer’s risk to new claims asserted against the policyholder during a finite time period. Insurers further reduce their risk by “deeming” related claims to be… Continue reading Beware Misuse of Related-Claims Deemer Clauses in Claims-Made Policies
Tag: insurance
Oregon Supreme Court Finds Recovery for an “Accident” Depends On Whether There is Tort Liability
Tred R. Eyerly | Insurance Law Hawaii The Oregon Supreme Court wrestled with the meaning of “occurrence” in a liability policy, determining that recovery for an “accident” depended on whether there was a basis in fact for imposing tort liability. Twigg v. Admiral Ins. Co., 2025 Ore. LEXIS 242 (Ore. April 17, 2025). … Continue reading Oregon Supreme Court Finds Recovery for an “Accident” Depends On Whether There is Tort Liability
Quick Note: Burden of Proving and Defending All Risk Property Insurance Claims
David Adelstein | Florida Construction Legal Updates If you are pursuing an all-risk first-party property insurance claim on behalf of an insured, or defending such a claim on behalf of an insurer, a recent case includes a short snippet explaining the corresponding burdens of proof: To make a claim under an all-risk policy, the insured… Continue reading Quick Note: Burden of Proving and Defending All Risk Property Insurance Claims
Defending Under A Reservation Of Rights: Practical Insights For Insurers From The US
Jean-Paul Rudd | Adams & Adams A recent decision from the Southern District of New York offers valuable perspective on the procedures and obligations that arise when an insurer defends a claim under a reservation of rights. Background The case involved a professional negligence action against an attorney, following an alleged failure to sue all… Continue reading Defending Under A Reservation Of Rights: Practical Insights For Insurers From The US
Hard Costs vs. Soft Costs in Builder’s Risk Insurance Policies: A Legal and Practical Guide for Insurance Professionals
Robert Trautmann | Weber Gallagher Simpson Stapleton Fires & Newby Builder’s risk insurance is a cornerstone of effective risk management in the construction industry. It offers protection against a variety of physical and financial risks that can impede the successful and timely completion of a construction project. Among the most critical concepts within builder’s risk… Continue reading Hard Costs vs. Soft Costs in Builder’s Risk Insurance Policies: A Legal and Practical Guide for Insurance Professionals