Peter C. Vilmos – March 28, 2013 For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with the Economic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle that prohibits tort damages in a breach of contract action where… Continue reading The Emperor’s New Economic Loss Rule
Category: Insurance Claims
Construction Group Expands at The Hartford
Advise & Consult, Inc. – April 2, 2013 The Hartford is focusing on midsize and large construction companies, and as such is adjusting its Construction Group. Expansion of its Construction Group capabilities brings underwriting, claims management and loss control facilities together as well as adding construction underwriters in key markets across the United States. Leading… Continue reading Construction Group Expands at The Hartford
Will Wind/Hail Cosmetic Damage Exclusion Endorsements Become the Norm?
Amy O’Connor – March 13, 2013 Cosmetic damage from wind and hail to homeowner and commercial properties may no longer be covered if insurers opt to use new endorsements, one for homeowners and another for commercial roofs, that are becoming available. The two organizations that standardize forms and policies for property/casualty insurers, the American Association… Continue reading Will Wind/Hail Cosmetic Damage Exclusion Endorsements Become the Norm?
Pennsylvania Makes Its Mark On National Chinese Drywall Coverage Dispute With “One Occurrence” Decision
Andrea Cortland – March 12, 2013 On February 15, 2013 a Pennsylvania federal district court held that the shipment of defective drywall from China to the United States constituted one “occurrence” for purposes of insurance coverage, and the occurrence took place when the damage caused by the drywall manifested itself in the residences or buildings… Continue reading Pennsylvania Makes Its Mark On National Chinese Drywall Coverage Dispute With “One Occurrence” Decision
Changes to New Jersey Unfair Claims Settlement Practices Act Would Rewrite Bad Faith Law to Deter Insurer Misconduct
Andrew S. Zimmerman and Lynda A. Bennett – March 8, 2013 Ostensibly responding to Superstorm Sandy, the New Jersey legislature is considering a broad change to the law addressing bad faith and unfair conduct by insurers. If the bill becomes law, it will represent a significant and policyholder-friendly change in the law governing insurer conduct.… Continue reading Changes to New Jersey Unfair Claims Settlement Practices Act Would Rewrite Bad Faith Law to Deter Insurer Misconduct