Matthew Guy and David Toney | Adams and Reese The “Duty to Defend” is a term of art used to describe an insurance company’s obligation to defend policyholders against claims made under a liability insurance policy. In the context of workplace injuries, a recent ruling from the United States Court of Appeals for the Fifth… Continue reading It Doesn’t Hurt to Ask: Why Construction Contractors Should Always Request a Defense
Month: June 2022
Insurers Must Defend Allegations of Faulty Workmanship
Tred R. Eyerly | Insurance Law Hawaii Granting the insured’s motion for partial judgment on the pleadings, the court determined the insurers had a duty to defend. Suez Treatment Solutions, Inc. v. Ace Am. Ins. Co. & Liberty Mut. Fire Ins. Co., 2022 U.S. Dist. LEXIS 59044 (S. D. N. Y. March 30, 2022). … Continue reading Insurers Must Defend Allegations of Faulty Workmanship
Recent Michigan Court Ruling Reinforces Importance of Providing Prompt “Proof of Loss”
Aaron F. Jaroff and Stephen G. Foresta | McGuireWoods In several states, an insured that prevails in a coverage dispute against its insurer is entitled to statutory “penalty interest” added to the amount owed by the insurer. A June 8, 2022 decision from the United States District Court for the Western District of Michigan illustrates… Continue reading Recent Michigan Court Ruling Reinforces Importance of Providing Prompt “Proof of Loss”
Cast Iron Drainpipes Latest Target in Florida Claims. But They Can Be Defended.
William Rabb | Insurance Journal A decade ago, it was questionable sinkhole damages that proliferated in Florida property insurance claims. More recently, “free roof” solicitations, roof claims and thousands of lawsuits have rattled the industry. Now comes cast iron drainpipes, common in homes built before 1975. The pipe systems have become targets for some of… Continue reading Cast Iron Drainpipes Latest Target in Florida Claims. But They Can Be Defended.
Two Insurers Protected the Insured and Resolved the Coverage Dispute Later
Barry Zalma | Zalma on Insurance When two insurers dispute which is obligated to defend and indemnify the insured in a bodily injury suit, they both paid half of the settlement and agreed to resolve their differences later in a declaratory relief action – an action of absolute good faith. In Old Republic Insurance Company v.… Continue reading Two Insurers Protected the Insured and Resolved the Coverage Dispute Later