Lian Skaf | The Subrogation Strategist Although the focus of most subrogation cases is usually on proving liability, determining the appropriate measure of damages is just as important. Sometimes turning on a nuanced argument for recoverability, an adverse holding can significantly boost or reduce the total damages in a case. The Court of Appeal of… Continue reading Florida Court Gives Parties Assigned a Subrogation Claim a Math Lesson
Category: Insurance
Why Snow, Hail and Wildfire Are Expensive for Insurance Industry
Leslie Kaufman | Insurance Journal If you’re having trouble wrapping your mind around the spree of natural catastrophes currently plaguing the world—from deadly July floods in Germany and China to the wildfires still burning in Greece, California and Siberia —you may be interested to know the professional risk calculators are too. Climate change is exacerbating extreme and… Continue reading Why Snow, Hail and Wildfire Are Expensive for Insurance Industry
No Allocation for Defense Costs Incurred in Lawsuit Comprised of Covered and Uncovered “Claims”
Emily Hart | Wiley Rein The U.S. District Court for the Northern District of California, applying California law, has held that, under a duty to defend policy, an insurer was required to pay defense costs incurred in a lawsuit where the lawsuit contained both covered and uncovered “claims.” Stem, Inc. v. Scottsdale Ins. Co., 2021 WL… Continue reading No Allocation for Defense Costs Incurred in Lawsuit Comprised of Covered and Uncovered “Claims”
Insurer Motion to Intervene in Underlying Case Denied
Tred R. Eyerly | Insurance Law Hawaii The Colorado Supreme Court determined that the insurer defending under a reservation of rights could not intervene in the underlying case after the insured assigned its rights to any bad faith claim against the insurer. Auto-Owners Ins. Co. v. Bolt Factory Lofts Owners Ass’n, Inc., 2021 Colo.… Continue reading Insurer Motion to Intervene in Underlying Case Denied
Arbitration Demand Letter Constitutes a Claim Requiring Timely Notice
Katelyn Cramp | Wiley Rein Applying Arizona law, a federal district court has held that an insured’s failure to provide notice of an arbitration demand letter barred coverage for the arbitration later filed against the insured. Supima v. Philadelphia Indem. Ins. Co., 2019 WL 6770061 (D. Ariz. June 16, 2021). The insured non-profit purchased eleven directors… Continue reading Arbitration Demand Letter Constitutes a Claim Requiring Timely Notice