Phillip Sanov | Property Insurance Coverage Law Blog | August 11, 2016 Last week, I was part of a larger discussion with public adjusters addressing fresh perspectives on claim presentation. We discussed points and reminders aimed at helping public adjusters get their clients claims fully and promptly paid. For those not involved in the discussion,… Continue reading More Details, Fresh Perspectives On Claim Preparation
Month: August 2016
New Jersey High Court Follows Nationwide Majority on CGL Coverage for General Contractor
Dentons | August 9, 2016 On August 4, 2016, the New Jersey Supreme Court affirmed an intermediate court’s ruling that where a subcontractor’s defective work causes physical damage to other, nondefective parts of a general contractor’s project, it constitutes “property damage” caused by an “occurrence” under the general contractor’s standard CGL policy. Cypress Point Condominium… Continue reading New Jersey High Court Follows Nationwide Majority on CGL Coverage for General Contractor
Summary Judgment May Be Appropriate When Insured Fails to Take Reasonable Measures to Prevent Property Damage
Michael Henry | Property Insurance Law Observer | August 4, 2016 Many first party property insurance policies exclude claims for water damage that occurs when the insured premises is left vacant or unoccupied, unless the insured has used reasonable care to prevent such losses. In litigation challenging the denial of such claims, whether or not… Continue reading Summary Judgment May Be Appropriate When Insured Fails to Take Reasonable Measures to Prevent Property Damage
Tennessee Federal District Court Holds That Contractor May Pursue Both Breach of Contract Action in Federal Court and Lien Enforcement Action In State Court – Abstention Not Required
Jane Fox Lehman | Pepper Hamilton LLP | August 4, 2016 Summit Contracting Grp., Inc. v. Ashland Heights, LP, 2016 U.S. Dist. LEXIS 60662 (M.D. Tenn. May 6, 2016) Ashland Heights, LP (“Owner”) contracted with Summit Contracting Group, Inc. (“Contractor”) to construct an assisted living facility in Tennessee. After completing the project, Contractor alleged that… Continue reading Tennessee Federal District Court Holds That Contractor May Pursue Both Breach of Contract Action in Federal Court and Lien Enforcement Action In State Court – Abstention Not Required
Bad Faith Defense Themes
Donald Myles, Jr. | Jones, Skelton & Hochuli, PLC | June 29, 2016 Anyone who has defended an insurance carrier realizes that the general public, and thus juries, initially believe that companies are looking for ways to deny claim payments. Whether the facts or coverage language justify the denial, a jury must be convinced that… Continue reading Bad Faith Defense Themes