Emerging Issues in Construction CGL Insurance Part 1: Continuing or Progressive Loss Exclusions

Eric M. Clarkson | Saxe Doernberger & Vita The risks and losses associated with construction operations and property development push many insurance concepts to their limits. As a result, the construction industry has long been at the forefront of many complex insurance coverage issues and both drives but also depends on market standards to assess… Continue reading Emerging Issues in Construction CGL Insurance Part 1: Continuing or Progressive Loss Exclusions

Hawaii Supreme Court Paves the Way for Maui Fire Settlement to Proceed

Tred R. Eyerly | Insurance Law Hawaii The settlement reached in the Maui fire cases appears to be a step closer to becoming a reality after the Hawaii Supreme Court issued its Order answering three reserved questions posed by the circuit court. In the Matter of the Petition for the Coordination of Maui Fire Cases,… Continue reading Hawaii Supreme Court Paves the Way for Maui Fire Settlement to Proceed

Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs

Elizabeth J. Dye and Mark J. Plumer | Policyholder Pulse Considering the complex structure of commercial insurance programs—typically purchased in annual “towers” of insurance—risk managers and in-house counsel often do not pay sufficient attention to arbitration-related provisions, which the insurance industry is more frequently including in its policies. That’s like playing only one board in… Continue reading Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs

Insured’s Count for Bad Faith Stripped from Claim

Tred R. Eyerly | Insurance Law Hawaii     The insurer’s motion for partial summary judgment challenging the insured’s bad faith claim was successful. Baker v. Allstate Index. Co., 2024 U,.S. Dist. LEXIS 227802 (N.D. Miss. Dec. 17, 2024).      Teresa Baker alleged that the roof of her rental property sustained wind and rain damage during… Continue reading Insured’s Count for Bad Faith Stripped from Claim

Where There’s Smoke, Is There Coverage? A Closer Look at Bottega, LLC v. National Surety and Gharibian v. Wawanesa

Rachel E. Hudgins and Scott P. DeVries | Hunton Insurance Recovery Blog For policyholders, insurance is meant to provide peace of mind—a promise that when disaster strikes, they’ll have financial support to rebuild and recover. But as two recent cases show, the question of what qualifies as covered “direct physical loss or damage” can lead… Continue reading Where There’s Smoke, Is There Coverage? A Closer Look at Bottega, LLC v. National Surety and Gharibian v. Wawanesa