Bad Faith May Arise Out Of Wrongful Misrepresentation in Application Denial

Chip Merlin | Property Insurance Coverage Law Blog | November 28, 2018 Suspicion runs rampant with some insurance companies when it comes to alleged arson. Even if they cannot prove the policyholder had anything to do with a fire, some adjusters cannot help to look for other ways to deny an insurance claim. In Hayes vs.… Continue reading Bad Faith May Arise Out Of Wrongful Misrepresentation in Application Denial

Construction One-Minute Read: What If Your Insurance Carrier Negligently Provides Insufficient Coverage?

Jonathan M. Mraunac | Ogletree Deakins | November 13, 2018 On October 18, 2018, the Illinois Supreme Court clarified when the statute of limitations begins to run on a claim for negligent procurement of insurance by an insurance agent or broker. In American Family Mutual Insurance Company v. Krop, 2018 IL 122556, the Illinois Supreme Court… Continue reading Construction One-Minute Read: What If Your Insurance Carrier Negligently Provides Insufficient Coverage?

New Jersey’s Highest Court Scrutinizes Statutes of Limitation and the Discovery Rule in Construction Defect Cases

Robert C. Neff, Jr. | Wilson Elser | July 11, 2018 The typical construction defect case presents an up-front analytical challenge: the defense attorney is presented with boxes of project materials, perhaps an extensive case history and prior discovery, and likely an unhappy (but these days, resigned) client. So you start with the basics: a… Continue reading New Jersey’s Highest Court Scrutinizes Statutes of Limitation and the Discovery Rule in Construction Defect Cases

It Took My Carrier Almost a Year to Make Their Coverage Determination, and Now I am Being Told That the One-Year Limitations Period Under the Policy Ends in a Few Days. Is That Right?

Kesha Hodge | Property Insurance Coverage Law Blog | July 15, 2018 Most insurance policies contain a contractual provision that sets forth the time frame in which the insured must commence suit should a dispute arise concerning the policy. In many instances, these limitation provisions provide that the insured must file suit no later than… Continue reading It Took My Carrier Almost a Year to Make Their Coverage Determination, and Now I am Being Told That the One-Year Limitations Period Under the Policy Ends in a Few Days. Is That Right?

Sometimes You Get Away with Unwritten Contracts. . .

Christopher G. Hill | Construction Law Musings | July 10, 2018 I have spoken often regarding the need for a well written construction contract that sets out the “terms of engagement” for your construction project. A written construction contract sets expectations and allows the parties to the contract to determine the “law” of their project. An unwritten “gentleman’s agreement” can… Continue reading Sometimes You Get Away with Unwritten Contracts. . .