Endorsement Excludes Replacement of Undamaged Property with Matching Materials

Tred R. Eyerly | Insurance Law Hawaii | June 26, 2019     The court approved the insurer’s endorsement which stated the insured would not pay for undamaged property in order to match damaged property. Noonan v. Am. Family Mut. Ins. Co., 2019 U.S. App. LEXIS 15545 (May 24, 2019).     After hail and wind… Continue reading Endorsement Excludes Replacement of Undamaged Property with Matching Materials

Product Recall Requirements in USA

Devin K. Ross | Shook Hardy & Bacon | July 25, 2019 Product recall requirements Recall criteria What criteria apply for determining when a matter requires a product recall or other corrective actions? The criteria for initiating a recall or other corrective action vary according to the governing statutes, regulations and agency. Generally, once a… Continue reading Product Recall Requirements in USA

The Essentials of Insurance Litigation in USA

Mary Beth Forshaw | Simpson Thacher & Bartlett | August 7, 2019 Preliminary and jurisdictional considerations in insurance litigation Fora In what fora are insurance disputes litigated? Most insurance disputes are litigated in state or federal trial courts. An insurance action may be subject to original federal court jurisdiction by virtue of the federal diversity… Continue reading The Essentials of Insurance Litigation in USA

A Teaming Agreement is Still a Contract (or, Be Careful with Agreements to Agree)

Christopher G. Hill | Construction Law Musings | August 19, 2019 I have discussed teaming agreements in this past here at Construction Law Musings.  These agreements are most typically where one of two entities meets a contracting requirement but may not have the capacity to fulfill a contract on its own so brings in another entity to… Continue reading A Teaming Agreement is Still a Contract (or, Be Careful with Agreements to Agree)

Court Does Not Pity the Fool Who Does Not Fully Read His Insurance Policy

Paul LaSalle | Property Insurance Coverage Law Blog | August 23, 2019 Chip Merlin frequently stresses the importance of reading the whole insurance policy when determining whether there is coverage for the relevant property damage. The failure to do so was highlighted in a recent case,1 where a Pennsylvania federal court stated it could not ignore the… Continue reading Court Does Not Pity the Fool Who Does Not Fully Read His Insurance Policy

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