Jason N. Smith | Seyfarth Shaw LLP | May 1, 2017 Introduction The economic loss doctrine is widely misunderstood and often misapplied. At its most basic, the premise of the doctrine is that a party cannot recover purely economic losses in a tort action. To understand the rationale behind the economic loss doctrine, attorneys should… Continue reading Why Understanding Economic Loss Doctrine is Critical for Construction Professionals
Month: May 2017
Are Insurers Required to Pay Overhead and Profit for Payments Made on Actual Cash Value Basis?
Kevin Pollack | Property Insurance Coverage Law Blog | May 1, 2017 A recent class action lawsuit filed in Pennsylvania1 raised an issue that policyholder advocates and public adjusters see all over the country – insurers that try to exclude overhead and profit from property damage claim payments made on an actual cash value basis.… Continue reading Are Insurers Required to Pay Overhead and Profit for Payments Made on Actual Cash Value Basis?
Keep Your Friends Close and Your Enemies Closer: Assigning Your Bad Faith Claim in Bet the Company Litigation
Joshua B. Rosenberg | The National Law Review | April 24, 2017 Commercial general liability (CGL) insurance policies are popular in the marketplace, as they protect policyholders of every stripe from the ever-present risk of liability for bodily injury and property damage. Of at least equal importance is the insurance company’s duty to defend the… Continue reading Keep Your Friends Close and Your Enemies Closer: Assigning Your Bad Faith Claim in Bet the Company Litigation
Washington Supreme Court Applies Efficient Proximate Cause Test to Pollution Exclusion
Traub Lieberman Straus & Shrewsberry LLP | May 2, 2017 In its recent decision in Xia v. ProBuilders Specialty Ins. Co. RRG, 2017 Wash. LEXIS 443 (Wash. Apr. 27, 2017), the Supreme Court of Washington had occasion to address the concept of efficient proximate cause as it relates to the application of a pollution exclusion.… Continue reading Washington Supreme Court Applies Efficient Proximate Cause Test to Pollution Exclusion
Claims Handling Requirements by State – Oregon
Robert Trautmann | Property Insurance Coverage Law Blog | April 30, 2017 Next up in our state-by-state anthology of claims handling guidelines is the Beaver State – Oregon. Claims handling in Oregon is governed by the Oregon Administrative Rules. Oregon gives insurance carriers a long time to acknowledge claims as compared to many other states;… Continue reading Claims Handling Requirements by State – Oregon