Jennifer Mathis, Kevin F. Kieffer, Carrie E. Paulsen and Dane Brody Chanove | Troutman Pepper A new California statute effective January 1, 2023 contains requirements for claimants and insurers alike when claimants issue pre-litigation time-sensitive settlement demands under automobile, motor vehicle, homeowner, or commercial premises liability insurance policies for claims alleging personal or bodily injury,… Continue reading California Law Creates Statutory Safe Harbor for Certain Insurers Receiving Time-Limited Pre-Litigation Settlement Demands
Month: January 2023
Prevailing Payment Bond Surety Entitled to Statutory Attorneys’ Fees Even if Defended by Principal
Garret Murai | California Construction Law Blog For contractors involved in California public works projects the scenario is not uncommon: The general contractor awarded the public works project is required to obtain a payment bond for the benefit of subcontractors and suppliers and the payment bond surety issuing the payment bond requires the general contractor… Continue reading Prevailing Payment Bond Surety Entitled to Statutory Attorneys’ Fees Even if Defended by Principal
Clock is Ticking: New Law Restricts Time-Limited Policy Limit Settlement Demands
Donimica C. Anderson and Daniel B. Heidtke | Duane Morris Certain time-limited settlement demands delivered on or after January 1, 2023 will be subject to additional restrictions as California Code of Civil Procedure (“CCP”) Sections 999-999.5 take effect in the New Year. In the past, policyholder counsel have issued policy-limit demand letters, with little detail,… Continue reading Clock is Ticking: New Law Restricts Time-Limited Policy Limit Settlement Demands
Georgia Federal Court Holds That Pollution Exclusion Bars Coverage Under Liability Policy for Claims Arising From Discharge of PFAS Into Waterways
Paul Briganti | White and Williams On December 5, 2022, the U.S. District Court for the District of Georgia held that a total pollution exclusion (TPE) in a CGL policy relieved the insurer of any obligation to defend or indemnify a recycling company in a putative class action alleging PFAS contamination of Georgia waterways. See Grange… Continue reading Georgia Federal Court Holds That Pollution Exclusion Bars Coverage Under Liability Policy for Claims Arising From Discharge of PFAS Into Waterways
5 Trends to Watch in 2023: Florida Property Insurance
Christian Brito, Fred E. Karlinsky and Timothy F. Stanfield | Greenberg Traurig State-run Insurer Could See Fewer Policies, But No Rate Relief Likely for Homeowners – Provisions in the massive overhaul of the state’s insurance law passed in late December are designed to help Citizens Property Insurance shed policies in the coming months. The policy count… Continue reading 5 Trends to Watch in 2023: Florida Property Insurance