Chip Merlin – April 25, 2013 Restoration contractors, public adjusters and some attorneys feasting on “chipped tile claims” in South Florida got hammered yesterday in a very problematic decision Ergas v. Universal Property and Casualty Insurance Company.1 From a claims standpoint, South Florida is ground zero for “chipped tile claims.” The frequency of that type… Continue reading Chipped Tile Claims Get Marred
Month: May 2013
Newly Enacted Legislation Rewrites Florida’s Rules On Individual Design Professional Liability
James K. “Keith” Ramsey and Monte S. Starr – April 29, 2013 Law Permits Businesses Providing Professional Services to Limit the Liability of Individual Employees or Agents A new law will soon go into effect in Florida that will impact anyone doing business with design professionals in that state. Ever since Moransais v. Heathman, 744… Continue reading Newly Enacted Legislation Rewrites Florida’s Rules On Individual Design Professional Liability
What Is Direct Physical Loss That Results From A Covered Peril?
Shaun Marker – April 29, 2013 I find it amazing in first-party property insurance that even after one has handled thousands of claims, new issues surface involving the same policy language dealt with over and over again. When such issues present themselves, the cynic may think: is the proponent of this argument clueless? The pessimist… Continue reading What Is Direct Physical Loss That Results From A Covered Peril?
Defects in an Insured’s Own Work are “Unmistakably Included” in the Definition of “Occurrence” in CGL Policy, Rules Second Circuit.
Laura R. Thomson – April 22, 2013 The Second Circuit’s recent decision in Scottsdale Insurance Company v. R.I. Pools, Inc., Case No. 11-3529, 2013 WL 1150217 (2d Cir. March 21, 2013) should be welcome news for Connecticut contractors insured under CGL policies with Broad Form Property Damage Coverage, seeking coverage for losses to their work… Continue reading Defects in an Insured’s Own Work are “Unmistakably Included” in the Definition of “Occurrence” in CGL Policy, Rules Second Circuit.
Sixth Circuit Holds That Insurer Is Required to Defend Contractor in Claim by Customer, as “Your Work” Exclusion in CGL Policy Is Inapplicable
Peter Georgiton – April 25, 2013 In Forrest Construction, Inc. v. The Cincinnati Insurance Co., No. 11-6262, 2013 U.S. App. LEXIS 722 (6th Cir.), the United States Court of Appeals for the Sixth Circuit held that an insurer breached its policy with an insured contractor when it declined to defend the contractor from a counterclaim… Continue reading Sixth Circuit Holds That Insurer Is Required to Defend Contractor in Claim by Customer, as “Your Work” Exclusion in CGL Policy Is Inapplicable