Tred R. Eyerly | Insurance Law Hawaii The insured’s claim for collapse of a building was denied after failing to file suit within the two-year limitation set forth in the policy. 94 Broad Street, LLC v. The Hartford Financial Services Group, Inc., 2025 Conn. Super. LEXIS 112 (Conn. Super. Ct. Jan. 24, 2025). … Continue reading Collapse Claim Denied After Insured’s Failure to Meet Suit Limitation Deadline
Tag: insurance
Florida Recognizes Two Types of Subrogation: (1) Conventional Subrogation; and (2) Equitable Subrogation
David Adelstein | Florida Construction Legal Updates A note on subrogation. There are two types of subrogation recognized in Florida: (1) conventional subrogation; and (2) equitable subrogation. “‘Conventional subrogation arises or flows from a contract between the parties establishing an agreement that the party paying the debt will have the rights and remedies of the original creditor.’” Certain Underwriters at… Continue reading Florida Recognizes Two Types of Subrogation: (1) Conventional Subrogation; and (2) Equitable Subrogation
Limitation Of Liability And Insurance Policy Limits: A Risky Business Strategy
Jordan Karp | Outside General Counsel For most companies, business insurance policies act as a crucial safety net—an assurance that if the unexpected happens, your company won’t face financial devastation. However, when negotiating contracts, there’s a potential trap that some businesses unwittingly walk into: tying a limitation of liability in the contract directly to the… Continue reading Limitation Of Liability And Insurance Policy Limits: A Risky Business Strategy
California Courts Continue to Grapple with What Constitutes Wildfire “Direct Physical Loss or Damage”
Robyn Anderson, Nancy Sher Cohen and Michael Gonzales | Lathrom GPM Overview of Issues In Gharibian et al., v. Wawanesa General Insurance Company, the California Second District Court of Appeal found that, under California law, the insureds failed to prove smoke, soot, ash and fire debris on covered property constituted “direct physical loss to property” as… Continue reading California Courts Continue to Grapple with What Constitutes Wildfire “Direct Physical Loss or Damage”
Construction Projects and Subrogation: Timing is Everything
Melissa Kenney | White and Williams In American Fam. Ins. Co. v. NB Elec., Inc., No. A24-0377, 2025 Minn. App. LEXIS 12, the Court of Appeals of Minnesota (Court of Appeals) considered whether an insurer’s subrogation action was time barred under Minnesota’s two-year statute of limitations period. At issue was whether the statute of limitations began to… Continue reading Construction Projects and Subrogation: Timing is Everything