Ysabelle Reyes | Wiley Rein The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an insurer had a duty to defend an insured condominium association and its board members against an underlying lawsuit because the association’s board members allegedly committed “Wrongful Acts” under the directors and officers… Continue reading ‘Wrongful Acts’ Includes Both Negligent and Intentional Acts
Tag: Property Insurance Claims
Hawaii Appellate Court Finds Agent May Be Liable for Failing to Submit Claim
Tred R. Eyerly | Insurance Law Hawaii After the agent informed the insured there was no coverage and submitting a claim would be a useless effort, the Hawaii Intermediate Court of Appeal reversed the trial court’s dismissal of the insured’s suit against the agent. Pflueger, Inc. v. AIG Holdings, Inc., 2022 Haw. App. LEXIS… Continue reading Hawaii Appellate Court Finds Agent May Be Liable for Failing to Submit Claim
Hogs Can Get Slaughtered on Fees in Utah if Their Claim is Too Greedy
Tyson J. Prisbrey and Mark O. Morris | Snell & Wilmer Construction contracts generally provide that the loser in a construction dispute must pay the attorneys’ fees of the prevailing party. But construction contracts, by their nature, can lead to outcomes in which it is hard to determine who comes out on top of a… Continue reading Hogs Can Get Slaughtered on Fees in Utah if Their Claim is Too Greedy
Failure to Allege Property Damage Within Policy Period Defeats Insured’s Claim
Tred R. Eyerly | Insurance Law Hawaii The insured’s inability to determine when water damage occurred meant it could not pursue claims of property damage against the insurers. Creek v. State Farm Fire & Cas. Co., 2022 U.S. Dist. LEXIS 116939 (W.D. Wash. July 1, 2022). Gold Creek Condominium complex experienced water… Continue reading Failure to Allege Property Damage Within Policy Period Defeats Insured’s Claim
It’s Time for Property Insurance Carriers to Re-Adjust in Louisiana
Taylo Brett | Adams and Reese After Louisiana citizens endured two consecutive prolific hurricane seasons in 2020 and 2021, state lawmakers made the adjustment of property insurance claims a top priority during this year’s Regular Legislative Session. On August 1, 2022, two new bills concerning claims adjusters went into effect: Senate Bill 198 and Senate… Continue reading It’s Time for Property Insurance Carriers to Re-Adjust in Louisiana