Greg Hoffnagle, Andrew Kliewer and Alex Selarnick | Goodwin Procter As wildfires continue to grow in frequency and scale across California, and as the state’s homeowner’s insurance crisis continues to worsen, the California Department of Insurance (DOI) has issued a proposed regulation that, for the first time, would allow insurers to rely on catastrophe models in setting… Continue reading California Insurance Reform Creates Opportunity
Month: April 2024
Scheduling, Compliance, and Liaison Tasks under the Professional Services Exclusion
Kathy Maus and Samantha Wuschke | Butler Weihmuller Katz Craig Although a construction manager’s scheduling and liaison responsibilities do not require specialized training, such tasks may be sufficiently related to the actor’s other roles to be excluded from coverage under a liability policy’s Professional Services exclusion, the U.S. Eleventh Circuit Court of Appeals has held.… Continue reading Scheduling, Compliance, and Liaison Tasks under the Professional Services Exclusion
Do The Sublimits In Your Insurance Policies Expand Or Reduce Coverage?
Lynda A. Bennett and Alexander B. Corson | Lowenstein Sandler Earlier this month, the New Jersey Appellate Division issued an unpublished opinion reminding policyholders of the first rule of insurance: Words matter. In Rivera v. Starstone Specialty Ins. Co.,1 the court was asked to address a common fact pattern, in which a follow-form excess insurer sought to… Continue reading Do The Sublimits In Your Insurance Policies Expand Or Reduce Coverage?
Threat of Bad Faith Does Not Constitute a “Claim” Under Insurance Company’s Professional Liability Policy
Ezhan Hasan | Wiley Rein An Ohio federal court, applying Ohio law, has held that a letter threatening a bad faith action against an insured insurance company did not constitute a “Claim” for the purposes of the company’s errors and omissions insurance. Columbia Cas. Co. v. State Automobile Mut. Ins. Co., 2024 WL 1331984 (S.D. Ohio… Continue reading Threat of Bad Faith Does Not Constitute a “Claim” Under Insurance Company’s Professional Liability Policy
Beware Potential Hidden “Warranties” in Contract Documents
Matthew Grashoff and Gregory Thompson | Hahn Loeser & Parks Warranties provided to project owners are often some of the most-negotiated provisions in a construction contract. What will the warranties cover? How can they be enforced? Perhaps most importantly: how long will they be in force? Arguments regarding one recent construction project in Ohio demonstrate the importance… Continue reading Beware Potential Hidden “Warranties” in Contract Documents