Rahul Gogineni | The Subrogation Strategist | June 27, 2019 In Gables Construction v. Red Coats, 2019 Md. App. LEXIS 419, Maryland’s Court of Special Appeals considered whether a contractual waiver of subrogation in the prime contract for a construction project barred a third party – a fire watch vendor hired to guard the worksite –… Continue reading “I Didn’t Sign That!” – Applicability of Waivers of Subrogation to Non-Signatory Third Parties
Month: October 2019
Seventh Circuit Holds “Breach of Contract” Exclusion in Professional Liability Policy Renders Coverage Illusory
Jason Taylor | Traub Lieberman Straus & Shrewsberry | October 2, 2019 Most professional liability policies include a “breach of contract” exclusion precluding coverage for claims or damages arising out of breach of contract. How to apply such broad exclusions to claims brought by clients of the insured (or others with whom the insured has… Continue reading Seventh Circuit Holds “Breach of Contract” Exclusion in Professional Liability Policy Renders Coverage Illusory
California Supreme Court Concludes Notice-Prejudice Rule Applies To Consent Clauses In First-Party Insurance Policies
Andrew B. Downs | Bullivant Houser Bailey | September 30, 2019 When it comes to insurance coverage, one cue to the court’s feelings about an issue is whether it views that issue as a “technicality.” When that happens, good things rarely result. Another cue is when the case turns on an esoteric legal issue of… Continue reading California Supreme Court Concludes Notice-Prejudice Rule Applies To Consent Clauses In First-Party Insurance Policies
Insurance Appraisal and Umpire Association – State of Appraisal
J. Ryan Fowler | Property Insurance Coverage Law Blog | October 3, 2019 I spent October 1st and 2nd in San Antonio at the Insurance Appraisal and Umpire Association (IAUA) meeting. The IAUA is made up of appraisers and umpires from both the policy holder and insurer sides. One of the presentations was a titled a “Global… Continue reading Insurance Appraisal and Umpire Association – State of Appraisal
PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building Conditions
Anthony L. Miscioscia and Konrad R. Krebs | White and Williams | July 25, 2019 The standard for an “occurrence” under a commercial general liability (CGL) insurance policy has been addressed on several occasions by Pennsylvania courts when an insured has allegedly performed faulty workmanship on a construction project. Specifically, in Pennsylvania, a claim for… Continue reading PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building Conditions