Edward Eshoo | Property Insurance Coverage Law Blog | March 4, 2018 Appraisal provisions in property insurance policies typically provide for a judge of a court of record in the state in which the insured property is located to select an umpire if the parties cannot agree upon one. What happens if one party fails… Continue reading Can A Court Select An Umpire For An Appraisal Without Notice To One Of The Parties?
Month: March 2018
Appraiser Declarations Inadmissible When Offered to Challenge the Merits of an Appraisal Award
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel | March 1, 2018 In Khorsand v. Liberty Mutual Fire Ins. Co. (No. B280273, filed 2/27/18), a California appeals court affirmed an appraisal award favorable to a homeowners insurer, ruling that it was improper to admit as evidence in opposition to a petition to confirm the… Continue reading Appraiser Declarations Inadmissible When Offered to Challenge the Merits of an Appraisal Award
The Known Loss Doctrine and Liability Insurance
David M. Atkinson and Eleanor G. Jolley | Claims Journal | February 20, 2018 Insurance coverage is premised on the concept of fortuity – a loss that occurs by chance or accident. When an insurance company issues a policy, it insures against a risk of possible loss, not a certainty. Insurance carriers do not intend to provide coverage for… Continue reading The Known Loss Doctrine and Liability Insurance
Ways to Make Sure the Indemnity Clause You Just Negotiated Is Not Your Enemy
Garry R. Boehlert and Trevor Ashbarry | For The Defense | February 2018 Look within the general conditions of virtually every construction contract and you will find a clause captioned “indemnity” or “indemnity and duty to defend.” Often these clauses have been cut, pasted, and cobbled together so many times that they become a jumble of… Continue reading Ways to Make Sure the Indemnity Clause You Just Negotiated Is Not Your Enemy
Do You Really Need a Court to Tell You What the Insurance Policy Covers? Litigating Insurance Coverage Issues? When and How to Turn to the Courts (Part 1)
A. David Fawal | BizLitNews Blog | March 2, 2018 No one should know what an insurance policy covers better than the insurer itself. After all, the insurer wrote the policy, right? Yet there are times when coverage questions arise that even the drafter of the policy cannot answer – and on those occasions, a… Continue reading Do You Really Need a Court to Tell You What the Insurance Policy Covers? Litigating Insurance Coverage Issues? When and How to Turn to the Courts (Part 1)