Claim Handling Requirements by State – Idaho

Julitza Perez | Property Insurance Coverage Law Blog | August 17, 2018 Idaho is a state with a diverse weather, and property owners have risks all year long. Adequate insurance coverage should be considered by all property owners. Some of the natural disaster risks in Idaho are wildfires, snowstorms, flooding, and earthquakes. An insured may… Continue reading Claim Handling Requirements by State – Idaho

CGL Policies and the Professional Liabilities Exclusion

David Adelstein | Florida Construction Legal Updates | August 11, 2018 Commercial general liability (CGL) policies for contractors traditionally contain a professional liabilities exclusion.  This exclusion is generally added through aspecific endorsement to eliminate coverage for professional services. Read the endorsement   The point of the exclusion, in a nutshell, is simply to eliminate a CGL policy for a… Continue reading CGL Policies and the Professional Liabilities Exclusion

Insurer’s Summary Judgment Motion to Reject Claim for Construction Defects Upheld

Tred R. Eyerly | Insurance Law Hawaii | July 23, 2018 The Third Circuit upheld the district court’s order granting summary judgment in favor of the insurer on a claim seeking coverage for construction defects. Lenick Constr. v. Selective Way Ins. Co., 2018 U.S. App. LEXIS 15197 (3d Cir. June 6, 2018). Westrum was the general… Continue reading Insurer’s Summary Judgment Motion to Reject Claim for Construction Defects Upheld

Oregon Anti-Indemnity Statute Voids Sub-sub’s Duty to Indemnify Sub for the Sub’s Own Negligence

Amandeep S. Kahlon | Buildsmart | August 7, 2018 The Ninth Circuit Court of Appeals recently upheld the application of Oregon’s anti-indemnity statute to a contractual indemnity provision requiring a sub-subcontractor’s insurer to indemnify the subcontractor for the subcontractor’s own negligence. In First Mercury Insurance Company v. Westchester Surplus Lines Insurance Company, Multnomah County contracted with… Continue reading Oregon Anti-Indemnity Statute Voids Sub-sub’s Duty to Indemnify Sub for the Sub’s Own Negligence

Court Finds AIA Subrogation Waiver Inapplicable; Appeal Pending

Geoffrey M. Waguespack | Butler Weihmuller Katz Craig In Liberty Mutual Fire Insurance Co. v. Fowlkes Plumbing LLC, 17-cv-010-GHD-DAS, 2018 WL 842169 (N.D. Miss. Feb. 12, 2018), the District Court for the Northern District of Mississippi held that the subrogation waiver of Section 11.3.7 of AIA Document A201-2007 bars recovery for damages to property associated with… Continue reading Court Finds AIA Subrogation Waiver Inapplicable; Appeal Pending

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