Chip Merlin | Property Insurance Coverage Law Blog | June 24, 2019 Assignment of benefits contracts for property damage claims may be going the way of the dinosaur in Florida. A recent Florida Insurance Bulletin notes that the new statute allows insurance companies to issue policies preventing an assignment of benefits if insurers offer a premium discount.… Continue reading Contractors Beware Taking AOB Contracts For Restoration Work: New Policy Forms Restricting AOB Contacts Discussed By Recent Insurance Bulletin
Month: June 2019
California Court Invokes Equity to Stretch Anti-Subrogation Rule Principles
Gus Sara | The Subrogation Strategist | May 2, 2019 In Western Heritage Ins. Co. v. Frances Todd, Inc. 2019 Cal. App. Lexis 299, the Court of Appeals of California, First Appellate District, addressed whether a commercial condominium association’s carrier could subrogate against the tenants (aka lessees) of one of its member unit owners. After examining the… Continue reading California Court Invokes Equity to Stretch Anti-Subrogation Rule Principles
Subrogation Waiver in Construction Contract Upheld by Wisconsin Court
Claims Journal | June 21, 2019 A subrogation waiver in a construction contract blocks an insurer’s claim against a contractor whose alleged shoddy construction caused the collapse of a barn that cost more than $600,000 to replace, the Wisconsin Supreme Court ruled in a split decision. The high court, ruling 3-2, found that the subrogation… Continue reading Subrogation Waiver in Construction Contract Upheld by Wisconsin Court
Dispute Whether Contractor Overhead & Profit Should Be Included in Actual Cash Value Payment Will Be Decided by State Supreme Court
Daniel Ballard | Property Insurance Coverage Law Blog | June 11, 2019 The Pennsylvania Supreme Court recently agreed to hear argument on the matter of Kurach v. Truck Insurance Exchange.1 Merlin Law Group blogged about this class action lawsuit back in May of 2017 and the link can be found here. Kurach involves a situation where the insureds had… Continue reading Dispute Whether Contractor Overhead & Profit Should Be Included in Actual Cash Value Payment Will Be Decided by State Supreme Court
The Limited Scope of the “Care, Custody or Control” Exclusion
Kirk Pasich | Pasich LLP | June 10, 2019 General liability policies have long contained an exclusion for property “in the care, custody or control of the insured . . . .” Commercial General Liability Coverage Form, § I., Coverage A, ¶ 2.J.(4) (Insurance Services Office, Inc. 2012). The scope of this exclusion has been… Continue reading The Limited Scope of the “Care, Custody or Control” Exclusion