Dispute Over Amount Insured Owes Public Adjuster Resolved

Tred R. Eyerly | Insurance Law Hawaii       The court addressed a dispute over fees that the insureds allegedly owed the public adjuster. Public’ Adjuster’s, LLC v. Mark Gottesdiener & Co., et al., 2024 Conn. Super. LEXIS 2352 (Conn. Super. Ct. Nov. 6. 2024).       The insureds owned an apartment building that was… Continue reading Dispute Over Amount Insured Owes Public Adjuster Resolved

Your Excess Policy May Not “Follow Form” to Your Primary Policy’s Aggregate Limits: How to Avoid a Multi-Million Dollar Mistake

Kyle A. Bechet and Richard W. Brown | Saxe Doernberger & Vita Commercial general liability (“CGL”) policies providing limits on a “per-project” basis have become standard in the construction industry. General contractors and other upstream parties on large construction projects, as a rule, require downstream subcontractors to maintain CGL coverage with limits provided on a… Continue reading Your Excess Policy May Not “Follow Form” to Your Primary Policy’s Aggregate Limits: How to Avoid a Multi-Million Dollar Mistake

The Sixth District Court of Appeals Rules in Favor of the Insurance Carrier, Finding That Ensuing Water Damage is Not Covered Under the Insurance Carrier’s Policy Language

Carolin Pacheco | Marshall Dennehey This case arose out of the policyholder’s ongoing plumbing issues in her home. The insured property was built in the early 1960s, and the policyholder had been experiencing a number of plumbing issues as a result of an aging cast iron drain line, which eventually corroded and deteriorated, leading to… Continue reading The Sixth District Court of Appeals Rules in Favor of the Insurance Carrier, Finding That Ensuing Water Damage is Not Covered Under the Insurance Carrier’s Policy Language

Kentucky Supreme Court Overturns Escape Clause Meaning, Affirms Roof Collapse

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

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?

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