David Adelstein | Florida Construction Legal Updates It’s not uncommon when liability insurers point the finger at each other relating to which insurer should be deemed primary, which insurer should be excess, or whether a pro rata contribution between insurers applies. Typically, this needs to be decided by the “other insurance” provision in the insurance policy that… Continue reading Finger Pointing Betwen Liability Insurers and “Other Insurance” Provision
Tag: insurance
Damage Caused Not by Superstorm Sandy, But by Faulty Workmanship, Not Covered
Tred R. Eyerly | Insurance Law Hawaii The federal district court adopted the Report and Recommendations (R&R) of the magistrate judge, finding there was no coverage for faulty workmanship in replacing a roof for an apartment complex. Burlington Ins. Co. v. PCGNY Corp., 2024 U.S. Dist. LEXIS 167814 (S.D. N. Y. Sept. 16, 2024). … Continue reading Damage Caused Not by Superstorm Sandy, But by Faulty Workmanship, Not Covered
Not Enough Slices of the Pie: Handling Multiple Claims and Insufficient Policy Limits
Neil Mody and Hannah Teller | Kennedys Insurers often face the difficult scenario of multiple claims by third-parties under the same policy. In these situations, the reality is that no matter how many claims are settled, the available policy limits may be insufficient to satisfy all claims. It is important for insurers to be well… Continue reading Not Enough Slices of the Pie: Handling Multiple Claims and Insufficient Policy Limits
Insured’s Failure to Cooperate Dooms Claim
Tred R. Eyerly | Insurance Law Hawaii The court granted the insurer’s motion for summary judgment based upon the insured’s failure to allow the insurer to inspect damaged personal property . Ansah v Nationwide Prop. and Cas. Ins. Co., 2024 U.S. Dist. LEXIS 151472 (S. D. Texas Aug. 23, 2024). The insureds… Continue reading Insured’s Failure to Cooperate Dooms Claim
Louisiana Supreme Court Holds That An Insurer May Suspensively Appeal A Judgment Up To Its Policy Limits Without Posting The Excess Amount
F. Douglas Ortego | DeutschKerrigan The Louisiana Supreme Court recently ruled that an insurance company can suspensively appeal the amount of the judgment representing its policy limit on behalf of itself and its insureds without posting the amount of the entire judgment, when the judgment exceeds the policy limit. Martinez v. Am. Transp. Grp. Risk… Continue reading Louisiana Supreme Court Holds That An Insurer May Suspensively Appeal A Judgment Up To Its Policy Limits Without Posting The Excess Amount