Jason R. Potter | Claims Magazine | June 2019 Commercial General Liability (CGL) policies, like all insurance products, are intended to protect the insured from unexpected claims or suits by third parties. A CGL policy covers bodily injury, property, personal and advertising liability, products and completed operations and fire liability unless they are excluded by… Continue reading When is a Mistake an ‘Accident’?
Month: July 2019
When an Insurer Proceeds as Subrogee, Defendants Cannot Assert Contribution Claims Against the Insured
Shannon M. Warren | The Subrogation Strategist | May 14, 2019 In Farmers Mut. Ins. Co. of Mason County v. Stove Builder Int’l, 2019 U.S. Dist. Lexis 46993 (E.D. Ky.), the United States District Court for the Northern Division of the Eastern District of Kentucky, by adopting a Magistrate Judge’s report and recommendations, see Farmers Mut. Ins.… Continue reading When an Insurer Proceeds as Subrogee, Defendants Cannot Assert Contribution Claims Against the Insured
Release of “Unknown” Claim Does Not Bar Release of “Unaccrued” Claim: Fair or Unfair?
David Adelstein | Florida Construction Legal Updates | May 27, 2019 A general release of “unknown” claims through the effective date of the release does NOT bar “unaccrued” claims. This is especially important when it comes to fraud claims where the facts giving rise to the fraud may have occurred prior to the effective date in… Continue reading Release of “Unknown” Claim Does Not Bar Release of “Unaccrued” Claim: Fair or Unfair?
Florida’s Citizens Property Insurance May Be Immune From Bad Faith, But Is Not Immune From Consequential Damages
Michael S. Levine, Andrea DeField and Daniel Hentschel | Hunton Andrews Kurth | June 7, 2019 A coverage dispute arising as a result of property damage from Hurricane Frances, which occurred in 2004, will continue following a Florida appellate court decision in an action brought against Citizens Property Insurance Corp. The insureds, Manor House, LLC, Ocean View,… Continue reading Florida’s Citizens Property Insurance May Be Immune From Bad Faith, But Is Not Immune From Consequential Damages
Mediation of Complex Construction Disputes: Breaking an Impass
Kenneth Gibbs and Lexi Myer | JAMS | July 17, 2019 In the context of mediation, if there is one word that counsel and mediators dread the most, it is “impasse.” Consider the following scenario: In one room, there is a contractor making allegations of delay, disruption and/or acceleration based on differing site conditions, changed… Continue reading Mediation of Complex Construction Disputes: Breaking an Impass