Jason M. Taylor | Insurance Law Blog | March 27, 2019 Professional liability policies often include some form of a “related claims” or “related acts” provision stating that if more than one claim results from a single wrongful act, or a series of related wrongful acts, such claims will be treated as a single claim… Continue reading Ninth Circuit Finds Policy’s Definition of “Policy Period” Fatal to Insurer’s “Related Claims” Argument
Month: April 2019
Illinois Supreme Court Limits Reach of Implied Warranty Claims Against Contractors
Thomas Cronin | Construction Law Blog | February 25, 2019 In a recent decision, the Illinois Supreme Court held that a purchaser of a newly constructed home could not assert a claim for breach of the implied warranty of habitability against a subcontractor where the subcontractor had no contractual relationship with the purchaser. Sienna Court Condo.… Continue reading Illinois Supreme Court Limits Reach of Implied Warranty Claims Against Contractors
11th Circuit Finds Duty to Indemnify Is Not Ripe until Underlying Action Is Resolved
Eric Gold | Policyholder Pulse Blog | March 28, 2019 It’s a familiar story to anyone involved in insurance claims. A policyholder is sued and tenders the claim to its insurer. The insurer agrees to defend subject to a reservation of rights, but it also asserts that policy exclusions may ultimately preclude coverage. While the… Continue reading 11th Circuit Finds Duty to Indemnify Is Not Ripe until Underlying Action Is Resolved
Explaining Xactimate Accuracy and the Need to Analyze Details Before Getting the Wrong Turkey Dinner From the Insurance Company Estimator
Chip Merlin | Property Insurance Coverage Law Blog | April 9, 2019 Insurance estimating expert Jeff Major gave one of the best speeches about Xactimate I have ever seen at the First Party Claims Conference West. I have seen Jeff give a number of presentations over the years, even teaching federal judges, magistrates, and mediators… Continue reading Explaining Xactimate Accuracy and the Need to Analyze Details Before Getting the Wrong Turkey Dinner From the Insurance Company Estimator
Interpreting the Scope of Colorado’s Anti-Indemnity Statute
Rachel Burkhart | Faegre Baker Daniels | April 12, 2019 A common feature of construction contracts is the indemnity or “hold harmless” provision, which transfers the risk of loss due to a third-party claim from one party to another. Several states have enacted laws that limit the enforcement of indemnity provisions in construction contracts. Colorado’s… Continue reading Interpreting the Scope of Colorado’s Anti-Indemnity Statute