Adam L. Gill – Duane Morris LLP – September 29, 2014 Can the statute of limitations for a claim expire even before a project owner knows that it has a claim? This is a very real possibility if one is not careful in drafting contracts. Courts generally recognize that sophisticated business entities should be permitted… Continue reading When the “Discovery Rule” is Irrelevant
Tag: insurance claim
Nebraska Supreme Court Holds Pollution Exclusion Applicable to Lead Paint Claim
TLSS Insurance Law Blog – September 23, 2014 In its recent decision in State Farm Fire & Casualty Co. v. Dantzler, the Supreme Court of Nebraska had occasion to consider the application of pollution exclusion to an underlying personal injury claim involving an individual’s exposure to lead paint. The case involved coverage under a rental… Continue reading Nebraska Supreme Court Holds Pollution Exclusion Applicable to Lead Paint Claim
Disagreement Over Scope of Damage NOT a Valid Objection to Appraisal Demand in Pennsylvania
Robert Trautmann – Property Insurance Coverage Law Blog – September 24, 2014 We frequently field requests from public adjusters and clients concerning appraisal and scope of damages. The situation arises when appraisal is demanded by the insured and the carrier objects, arguing that appraisal is only for issues of price and cannot be invoked unless there… Continue reading Disagreement Over Scope of Damage NOT a Valid Objection to Appraisal Demand in Pennsylvania
In Florida, an Appraisal Award May Be a Final Determination of Liability For a Bad Faith Case
Shaun Marker – August 30, 2014 On several occasions the following insurance industry argument has been addressed on this blog: the insurance company argues that since a claim proceeded to the contractual alternative dispute resolution process of appraisal and that it paid the award amount, there cannot be a bad faith case brought against it… Continue reading In Florida, an Appraisal Award May Be a Final Determination of Liability For a Bad Faith Case
Federal Judge Rules Flood Coverage Issue Involving Personal Property is a Question of Fact : Property Insurance Coverage Law Blog
Christopher Nahas – Property Insurance Coverage – August 10, 2014 A federal judge in Pennsylvania denied an insurer’s motion for summary judgment on the issue of coverage finding that issues of fact existed whether or not the insureds’ flood policy exclusively covered personal property.1 Plaintiffs Krupa and Patel owned a Subway franchise damaged by flooding… Continue reading Federal Judge Rules Flood Coverage Issue Involving Personal Property is a Question of Fact : Property Insurance Coverage Law Blog