William Rabb | Insurance Journal Two Kentucky Supreme Court rulings handed down last week emphasize how important it can be to have clearly worded insurance policies, including exclusions and excess and escape clauses, particularly in high-dollar commercial coverage. In Motorists Mutual Insurance Co. vs. First Specialty Insurance Corp., the high court split the difference on… Continue reading Kentucky Supreme Court Overturns Escape Clause Meaning, Affirms Roof Collapse
Category: Insurance
The Broader The Better – How Broad Is the Duty To Defend?
Adriana Perez and Cary D. Steklof | Hunton Andrews Kurth It is common knowledge in the insurance industry that an insurer’s duty to defend is broad. Recently, a U.S. District Court reminded us just how broad that duty is when it held that a complaint with only two scarce factual allegations triggered an insurer’s duty… Continue reading The Broader The Better – How Broad Is the Duty To Defend?
Property & Casualty Insurers: Multiple Claims Beyond Settlement Limits
Mason Medeiros | Faegre Drinker Biddle & Reath At a Glance When a policyholder is at fault, their insurer is often faced with multiple claims. These claims add up quickly and can easily surpass policy limits. With clear fault and insufficient policy limits, what is an insurer to do? While insurers are required to act… Continue reading Property & Casualty Insurers: Multiple Claims Beyond Settlement Limits
Taking the Right Steps To Navigate the Consent To Settle Provision in an Insurance Policy and Maintaining the Right to Coverage Even After a Stumble
Lynda Bennett and Jade Sobh | Lowenstein Sandler Insurers often try to withhold, or at least minimize, coverage by taking the position that a policyholder has failed to keep the insurer sufficiently informed throughout the defense of an underlying matter or has failed to secure the insurer’s consent before settling a claim. Policyholders find themselves… Continue reading Taking the Right Steps To Navigate the Consent To Settle Provision in an Insurance Policy and Maintaining the Right to Coverage Even After a Stumble
Alleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property Damage
Tred R. Eyerly | Insurance Law Hawaii The court found that even if the insured’s negligent misrepresentations constituted an accident, the disclosures did not cause physical damage to the property. Wood v. USAA Cas. Ins. Co., 2024 U.S. Dist. LEXIS 180624 (D. S.C. Sept. 12, 2024). The insured, Clinton Wood, purchased a… Continue reading Alleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property Damage