Paul Walker-Bright | Neal, Gerber & Eisenberg | November 15, 2019 I recently had occasion to read through the Illinois Surplus Line Law in detail when I noticed something interesting: surplus lines insurance companies may not be subject to the cap on bad faith damages usually applied to claims against insurers in Illinois. Allow me… Continue reading Bad Faith Damages Against Surplus Line Insurers Might Not Be Capped in Illinois
Month: November 2019
Insurance Company’s Reservation of Rights Letter Negates its Interest in the Litigation
Frank Ingham | Colorado Construction Litigation | October 11, 2019 The Colorado Court of Appeals held that an insurance company, which issues a reservation of rights letter to its insured, loses its interest in the litigation, pursuant to C.R.C.P. 24(a)(2), when the insured settles the claims and assigns the bad faith action against the insurance… Continue reading Insurance Company’s Reservation of Rights Letter Negates its Interest in the Litigation
California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law Provisions in Policies
Anthony L. Miscioscia and Timothy A. Carroll | White and Williams | August 30, 2019 On August 29, 2019, in Pitzer College v. Indian Harbor Insurance Company, 2019 Cal. LEXIS 6240, the California Supreme Court held that, in the insurance context, the common law “notice-prejudice” rule is a “fundamental public policy” of the State of California… Continue reading California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law Provisions in Policies
Ten-Year Statute of Repose to Sue For Latent Construction Defects
David Adelstein | Florida Construction Legal Updates | August 18, 2019 If you are dealing with latent construction defects, it is imperative that you consult with counsel to understand your rights. This not only includes claims for property damage stemming from latent construction defects, but also personal injury stemming from such defects. There is a ten-year… Continue reading Ten-Year Statute of Repose to Sue For Latent Construction Defects
When is A Cardinal Change “Cardinal”?
Henry Goldberg | Moritt Hock & Hamroff | November 13, 2019 A cardinal change is a rare event in construction. However, when it “provably” occurs, it can turn the relative rights of the parties to a construction dispute upside down. A recent New York case bears this out. A general contractor on a New York… Continue reading When is A Cardinal Change “Cardinal”?