Insurer’s Late Notice Defense Fails on Summary Judgment

Tred R. Eyerly | Insurance Law Hawaii     The insurer’s motion for summary judgment to dismiss the claim because the insurer did not provide notice “as soon as practicable” was denied. Vintage Hospitality Group LLC v. Nat’l Trust Ins. Co., 2021 U.S. Dist. LEXIS 192651 (M.D. Ga. Oct. 6, 2021).          Vintage owned… Continue reading Insurer’s Late Notice Defense Fails on Summary Judgment

Indemnity Provision Prevails Over “Other Insurance” Clause

Tred R. Eyerly | Insurance Law Hawaii     The Second Circuit predicted that the New York appellate courts would find the contractual indemnity provision prevailed over the application of an “other insurance” provisions. Cent. Sur. Co. v. Metro. Transit Auth., 2021 U.S. App. LEXIS 29860 (2nd Cir. Oct. 5,2021).      Long Island Railroad (LIRR)… Continue reading Indemnity Provision Prevails Over “Other Insurance” Clause

Understanding Wrap Insurance Policies

Jeff G. Coyner | The Green Law Group Construction job sites entail particular liabilities for property owners and contractors alike. To effectively manage this liability, many job sites now include an Owner Controlled Insurance Program (OCIP) or a Contractor Controlled Insurance Program (CCIP). These programs are becoming more and more popular as a way to… Continue reading Understanding Wrap Insurance Policies

Exclusions In Construction Insurance Policies

Jeff G. Coyner | The Green Law Group Construction general liability policies are expensive in today’s market.  In response to this, insurance underwriters have attempted to make policies less expensive.  Insurance companies do this by adding exclusions to policies which limit the instances where a carrier may have to pay. How exclusions make insurance less… Continue reading Exclusions In Construction Insurance Policies

Nevada Rules Insured Has Burden to Prove Exception to Exclusion

Michael Lowry | Wilson Elser On October 28, 2021, the Nevada Supreme Court joined 26 other state supreme courts, holding the insured has the burden to prove an exception to an exclusion. The question before the court was if an insurance policy provides coverage, but that coverage is then modified by an exclusion, who has… Continue reading Nevada Rules Insured Has Burden to Prove Exception to Exclusion