Christopher Kendrick and Valerie Moore | Haight Brown & Bonesteel In Santa Fe Braun v. Ins. Co. of North America (No. A151428, filed 7/13/20), a California appeals court relied on Montrose Chemical Corp. of California v. Superior Court (2020) 9 Cal.5th 215 (Montrose III), to hold that absent express policy wording to the contrary, horizontal exhaustion of all primary… Continue reading Appeals Court Rules that Vertical and Not Horizontal Exhaustion Applies to Primary and First-Layer Excess Insurance
Tag: insurance
At a Glance: Construction Contracts and Insurance in USA
Michael S. Zicherman | Peckar & Abramson Contracts and insurance Construction contracts What standard contract forms are used for construction and design? Must the language of the contract be the local language? Are there restrictions on choice of law and the venue for dispute resolution? Many different form contracts are utilised. The most widely used… Continue reading At a Glance: Construction Contracts and Insurance in USA
Why Leaders Need to Resist Rewriting Insurance Contract Language
Gregory V. Serio | Insurance Journal Soon after the attacks on the World Trade Center and other locations on the morning of September 11th, President Bush declared that the atrocities were “an act of war.” That statement prompted a call to me from a friend and influential member of Congress from Buffalo, John LaFalce, during… Continue reading Why Leaders Need to Resist Rewriting Insurance Contract Language
Additional Insights for Insurers From New COVID-19 Coverage Suits
Scott Seaman and Judith Selby | Hinshaw & Culbertson Since our prior post from last week, additional COVID-19 coverage lawsuits have been filed throughout the United States, and themes and insights concerning theories of coverage continue to emerge. At least four new coverage actions have now been commenced in Indiana, Florida, Texas, and Illinois. The Indiana and Florida suits were filed… Continue reading Additional Insights for Insurers From New COVID-19 Coverage Suits
Statutes of Limitations Are Moving Targets During the COVID-19 Pandemic
Rebecca Brazzano and Martine C. Wilson | Thompson Hine Key Notes: Carefully review the raining orders that address tolling of the statutes of limitations in your jurisdictions. Be mindful of governing choice of law provisions. Best practices include using tolling agreements and dusting off the defense of equitable tolling. One of the tried and true… Continue reading Statutes of Limitations Are Moving Targets During the COVID-19 Pandemic