Federal and State Court Split on Procedure for Alleging Bad Faith

Christina Phillips | Property Insurance Coverage Law Blog | March 29, 2019 Minnesota Statute section 604.18, commonly known as Minnesota’s Bad Faith Law, permits an insured to add a claim to recover taxable costs based on an insurance company’s bad faith denial of policy benefits. The procedure for bringing a claim under section 604.18 differs… Continue reading Federal and State Court Split on Procedure for Alleging Bad Faith

Insured’s Complaint for Breach of Contract and Bad Faith Adequately Pleads Consequential Damages

Tred R. Eyerly | Insurance Law Hawaii | March 4, 2019     The appellate court overturned the trial court’s dismissal of the insured’s complaint seeking consequential damages. D.K. Prop. Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh v, Pa., 2019 N.Y. App. Div. LEXIS 329 (N.Y. App. Div. Jan. 17, 2019).      The… Continue reading Insured’s Complaint for Breach of Contract and Bad Faith Adequately Pleads Consequential Damages

How the Insurance Company May Respond to Your Property Insurance Lawsuit Filed in Federal Court: Understanding Insurance Litigation in Federal Court

Ian Dankelman | Property Insurance Coverage Law Blog | March 28, 2019 As a former federal law clerk, the purpose of this blog series is to help educate policyholders about what they may face with insurance litigation in federal court. Today, I explain just a few ways an insurer might treat an insured’s complaint in… Continue reading How the Insurance Company May Respond to Your Property Insurance Lawsuit Filed in Federal Court: Understanding Insurance Litigation in Federal Court

A Safe Workplace: What Property Insurance Adjusters Must Include In An Estimate

Chip Merlin | Property Insurance Coverage Law Blog | March 27, 2019 Insurance company adjusters and estimators should ensure that they are including costs for a safe workplace when making construction estimates. Since failing to do so would constitute breaking federal law, it is per se bad faith if those costs are not included because… Continue reading A Safe Workplace: What Property Insurance Adjusters Must Include In An Estimate

Builder’s Risk Insurance Coverage for $3 Million Loss Denied Due to Failure to Adequately Secure Construction Site

Gregory M. Boucher | Construction Industry Counselor | March 26, 2019 A recent Federal Court summary judgment decision provides a stark warning for contractors and owners to adequately secure their construction sites, or risk denial of insurance coverage.  See Praetorian Ins. Co. v. Axia Contracting, LLC, No. 17-CV-2034-WJM-KLM, 2019 WL 1002939 (D. Colo. Mar. 1, 2019).  In Praetorian,… Continue reading Builder’s Risk Insurance Coverage for $3 Million Loss Denied Due to Failure to Adequately Secure Construction Site

%d bloggers like this: