Jason Taylor | Traub Lieberman Straus & Shrewsberry | October 2, 2019 Most professional liability policies include a “breach of contract” exclusion precluding coverage for claims or damages arising out of breach of contract. How to apply such broad exclusions to claims brought by clients of the insured (or others with whom the insured has… Continue reading Seventh Circuit Holds “Breach of Contract” Exclusion in Professional Liability Policy Renders Coverage Illusory
Tag: Breach of Contract
Breach of Contract Exclusion Precludes Coverage
Larry P. Schiffer | Squire Patton Boggs | August 14, 2019 Liability insurance policies are meant to cover claims brought against insureds by third-parties alleging a fortuitous event that causes damages. But most liability policies have exclusions that preclude coverage for certain events. For example, many policies exclude coverage for property damage to property owned… Continue reading Breach of Contract Exclusion Precludes Coverage
Consequential Damages can be Recovered Against Insurer in Breach of Contract
David Adelstein | Florida Construction Legal Updates | June 1, 2019 In a favorable case for insureds, the Fifth District Court of Appeal maintained that “when an insurer breaches an insurance contract, the insured is entitled to recover more than the pecuniary loss involved in the balance of the payments due under the policy in consequential… Continue reading Consequential Damages can be Recovered Against Insurer in Breach of Contract
Insurance Policy’s Promise to Advance Claims Expense for Covered Claims Does Not Create a Duty to Defend
Christopher Kendrick and Valerie Moore | Haight Brown & Bonesteel | May 7, 2019 In United Farm Workers of America v. Hudson Insurance Company, (E.D. Cal.) 2019 WL 1517568, the United Farm Workers of America union (UFW) sued Hudson Insurance Company for breach of contract and bad faith arising out of a former employee’s wrongful termination… Continue reading Insurance Policy’s Promise to Advance Claims Expense for Covered Claims Does Not Create a Duty to Defend
Federal Court Rules Contractor Is Not Intended Third-Party Beneficiary under Owner-Engineer Agreement
Amandeep Kahlon | Buildsmart | April 23, 2019 In March, a Massachusetts federal court addressed whether a design-builder contractor could recover for breach of contract under an intended third-party beneficiary theory against a design firm hired by the project owner to complete 30% designs. In Arco Ingenieros, S.A. DE C.V. v. CDM International Inc., a Salvadoran… Continue reading Federal Court Rules Contractor Is Not Intended Third-Party Beneficiary under Owner-Engineer Agreement