David Adelstein | Florida Construction Legal Updates | August 11, 2019 “Claims-made policies are common in the professional liability insurance market. They “differ from traditional ‘occurrence’-based policies primarily based upon the scope of the risk against which they insure.” With claims-made policies, coverage is provided only where the act giving rise to coverage “is discovered and brought… Continue reading Claims Made Insurance Policies
Category: Property Insurance Claims
Does the Implied Covenant of Good Faith and Fair Dealing Impose a Broad Duty on Insurers to Act “Reasonably” or “Properly” in Handling Claims?
Christina Phillips | Property Insurance Coverage Law Blog | October 30, 2019 The United States District Court for the District of Minnesota in Selective Insurance Company of South Carolina v. Sela,1 recently addressed whether the implied covenant of good faith includes a broader obligation to act “reasonably” and “properly” in making a decision about whether to pay… Continue reading Does the Implied Covenant of Good Faith and Fair Dealing Impose a Broad Duty on Insurers to Act “Reasonably” or “Properly” in Handling Claims?
To Claim Damages For Repair Costs Or Not? Beware The Economic Waste Doctrine
J. Curtis Greene | Barnes & Thornburg | October 22, 2019 When claiming damages for construction defects, the doctrine of economic waste is often forgotten or ignored, even among sophisticated parties and counsel, potentially at great cost. Unwary parties to a dispute typically jump to – and focus significant time, money and energy on –… Continue reading To Claim Damages For Repair Costs Or Not? Beware The Economic Waste Doctrine
Court Holds Documents Created by Counsel During Claims Handling Were Not Privileged
Jason Cieri | Property Insurance Coverage Law Blog | October 16, 2019 We’ve all seen it before. The insured files a claim, the insurance company sends out an adjuster to adjust the loss, the loss is more complex, or a situation arises that the adjuster cannot handle so the insurance company forwards the claim to… Continue reading Court Holds Documents Created by Counsel During Claims Handling Were Not Privileged
Are My Children and Their Spouses Required to Submit to an Examination Under Oath for My Property Damage Claim?
Paul LaSalle | Property Insurance Coverage Law Blog | October 13, 2019 In a recent case, a federal appeals court held that named insureds’ son and daughter-in-law were required to submit to an examination under oath (“EUO”) because they resided in the insureds’ house, and that their failure to do so precluded recovery on the… Continue reading Are My Children and Their Spouses Required to Submit to an Examination Under Oath for My Property Damage Claim?