Charles P. Edwards | Barnes & Thornburg LLP | November 27, 2017 Standard commercial general liability (CGL) insurance policies provide coverage for damages the policyholder is legally obligated to pay because of property damage or bodily injury caused by an “occurrence.” CGL policies typically define “occurrence” as an “accident.” Courts define an accident as “an… Continue reading When Should an Accident be an Accident?
Tag: property damage
Production of Pre-Denial Claim File Compelled
Tred R. Eyerly | Insurance Law Hawaii | November 20, 2017 The appellate court found that the claims file that existed before the insurer’s denial was discoverable. Cascade Builders Corp. v. Rugar, 2017 N.Y. App. Div. LEXIS 7357 (N.Y. App. Div.. Oct. 19, 2017). Cascade Builders was the general contractor for the homeowners. In May 2011,… Continue reading Production of Pre-Denial Claim File Compelled
Listen to What the Insurance Policy Says: Construing Commercial General Liability Exclusions Without Preconceptions
John Corbett | Barnes & Thornburg Construction Law Update | December 1, 2017 Insurance companies have long contended that commercial general liability (CGL) policies do not cover property damage involving alleged deficient workmanship by the insured. In a number of early cases, courts held that deficient workmanship cannot be an accident within the meaning of… Continue reading Listen to What the Insurance Policy Says: Construing Commercial General Liability Exclusions Without Preconceptions
Court Holds Actual Cash Value Policy Provision Unconscionable
Charles Mathis | Property Insurance Coverage Law Blog | December 2, 2017 Sometimes when researching one issue, a case will pop up that isn’t what we were looking for, but nonetheless is worthy of note. While I was trying to help a public adjuster with some case law research the other day, I came across… Continue reading Court Holds Actual Cash Value Policy Provision Unconscionable
Overhead and Profit Should be Included with Payments Made on Actual Cash Value Basis
Jonathan Bukowski | Property Insurance Coverage Law Blog | November 15, 2017 While many carriers continue their attempt to exclude overhead and profit from property damage claim payments made on an actual cash value basis, the majority approach across the United States has been to include general contractor overhead and profit in actual cash value… Continue reading Overhead and Profit Should be Included with Payments Made on Actual Cash Value Basis