Lee-Ann Brown | Bradley Arant Boult Cummings In May of this year, the Supreme Court of Wyoming held that a subsidiary of Sinclair Oil could invoke statutory bad faith damages after prevailing in a coverage dispute with its insurer, Infrassure. The court rejected the district court’s analysis that accepted the insurer’s narrow interpretation of Wyoming’s… Continue reading Wyoming Supreme Court Allows Insured to Seek Bad Faith Damages
Month: October 2021
Court in Montana Applies Anti-Concurrent Causation Clause to Earth Movement Exclusion
Alycen A. Moss and Elliot Kerzner | Property Insurance Law Observer A district court in Montana recently applied an anti-concurrent clause in a property insurance policy to preclude coverage based on an earth movement exclusion. In Ward v. Safeco Ins. Co. of Amer., No. 1:19-CV-0133-SPW, 2021 WL 3492294 (D. Mont. Aug. 9, 2021), the insured’s tenant… Continue reading Court in Montana Applies Anti-Concurrent Causation Clause to Earth Movement Exclusion
Bad Faith Suit Dismissed for Insufficient Civil Remedy Notice
Krista Elsasser, Samantha Epstein and Hope Zelinger | Bressler, Amery & Ross On September 13, 2021, Judge Nicholas Lopane in Broward County dismissed a bad faith suit filed by McDonald and Barnhill against United Property and Casualty Insurance Company (“United”), finding that the Civil Remedy Notice (“CRN”) on which it was purportedly based to be… Continue reading Bad Faith Suit Dismissed for Insufficient Civil Remedy Notice
Five Frequently Overlooked Points of Construction Contracts
Craig O’Neill | White and Williams There is no shortage of articles addressing the key points of construction contracts. Just enter that phrase into any internet search engine and you will find plenty. It should go without saying that a construction contract should be in writing, it should clearly identify the scope of work to… Continue reading Five Frequently Overlooked Points of Construction Contracts
Court Reminds Insurer that the Mere Possibility Of Coverage at the Time of Tender Triggers a Duty to Defend in a Defect Action
Jatin Patel | Newmeyer Dillion It has long been the law in California that an insurer’s duty to defend is broader than the duty to indemnify and that the mere possibility of coverage triggers a duty to defend. Nevertheless, insurers still periodically ignore this clear principle and attempt to narrow the scope of the duty… Continue reading Court Reminds Insurer that the Mere Possibility Of Coverage at the Time of Tender Triggers a Duty to Defend in a Defect Action