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
Category: Insurance
Construction Industry Trends And Predictions Through 2021 And Beyond: Insurance And Emerging Threats
Krista D. Warren | Brennan Manna & Diamond A 2021 survey identified three key issues impacting the construction industry in 2021: (1) the financial health of contractors; (2) the continuing risk of the pandemic; and (3) technology driving productivity, but also increasing the risk of cybersecurity threats. With this backdrop, insurance premiums in the construction industry are… Continue reading Construction Industry Trends And Predictions Through 2021 And Beyond: Insurance And Emerging Threats
Wind Before Storm May Blow Away Flood Exclusions
Elliot Karzner and Alycan A. Moss | Property Insurance Law Observer Flood exclusions may not apply when floods are preceded by winds strong enough to independently cause the loss, according to a recent decision issued by the Western District of Louisiana. In Doxey v. Aegis Security Ins. Co., No. 2:21-CV-00825, 2021 WL 2383834 (W.D. La.… Continue reading Wind Before Storm May Blow Away Flood Exclusions
Colorado Supreme Court Holds Insurers Are Not Entitled to Intervene Where Insured Assigns Its Rights to Third Party
Luke Mecklenburg and Anna Adams | Snell & Wilmer In a 4-3 decision in Auto-Owners Insurance Co. v. Bolt Factory Loft Owners Association, Inc., the Colorado Supreme Court held that an insurer who is defending under a reservation of rights is not entitled to intervene where the insured has entered into a Nunn-type Agreement to assign… Continue reading Colorado Supreme Court Holds Insurers Are Not Entitled to Intervene Where Insured Assigns Its Rights to Third Party
Number of “Occurrences” for Determining Policy Limits in California Construction Defect Cases
Kelly Smith | Snell & Wilmer Insurance policies generally have different policy limits depending on the number of “occurrences.” For example, the amount of money recoverable under an insurance policy may be $5 million per occurrence with a $20 million aggregate limit. Therefore, when determining policy limits, deductible liability or considering settlement in a construction… Continue reading Number of “Occurrences” for Determining Policy Limits in California Construction Defect Cases