Colin J. Troy | Wood, Smith, Henning & Berman Although surety companies are generally not liable for tort damages to a third party, Washington’s legislature has carved out a limited exception for the setting up and sitting of mobile homes. The Revised Code of Washington (RCW) establishes a per se violation of the Consumer Protection… Continue reading Surety Duty To Investigate Triggered After Filing Of Bond Claim
Category: Insurance
Arizona Appellate Court to Consider Standard for Aiding and Abetting Bad Faith Claims
Patrick Gorman | Jones, Skelton & Hochuli Iglesia v. BrotherhoodArizona Court of AppealsApril 12, 2022 In cases alleging bad faith against an insurance carriers, policyholders will often sue employee adjusters or contractors (independent adjusters, engineers, experts) of the insurance carrier to keep the case out of federal court. In a legal sense, policyholders sue the… Continue reading Arizona Appellate Court to Consider Standard for Aiding and Abetting Bad Faith Claims
Federal Courts Reject Insurers’ Attempts to Recoup Defense Costs Expended Under Reservation of Rights
Anthony L. Miscioscia and Margo Meta | White and Williams In situations where there is a dispute over a duty to defend, an insurer may provide a defense to its insured, subject to a reservation of rights, to not only deny coverage for a defense, but also to file a declaratory judgment action and recoup… Continue reading Federal Courts Reject Insurers’ Attempts to Recoup Defense Costs Expended Under Reservation of Rights
Louisiana Court Of Appeal Holds Mold Remediation Costs Incurred Following A Covered Peril Fall Within A Mold Sub-Limit Because Such Costs Would Not Have Been Incurred But For The Mold
Gabriel R. Crane | Phelp Dunbar A Louisiana Court of Appeal affirmed a trial court’s ruling that mold remediation costs incurred as a result of a covered peril fall within the mold exclusion and endorsement of a homeowners’ policy because such costs would not have been incurred but for the appearance of mold. DeFelice v. Federated… Continue reading Louisiana Court Of Appeal Holds Mold Remediation Costs Incurred Following A Covered Peril Fall Within A Mold Sub-Limit Because Such Costs Would Not Have Been Incurred But For The Mold
Endorsement to Insurance Policy Controls
David Adelstein | Florida Construction Legal Updates I’ve said this before, and I’ll say it again: an insurance policy is a complicated reading and this reading gets compounded with endorsements that modify aspects of the policy. What you think may be covered may in fact not be covered by virtue of an endorsement to the insurance policy. This is… Continue reading Endorsement to Insurance Policy Controls