Claims Handling Requirements by State – California

Robert Trautmann | Property Insurance Coverage Law Blog | February 21, 2018 As I am writing this blog, most of the country is in the middle of a deep freeze. Here in New Jersey, the forecast doesn’t show any signs of warming up: So naturally, my mind turned to more temperate climates and so today… Continue reading Claims Handling Requirements by State – California

Misread of Other Insurance Clause Becomes Costly for Insurer

Tred R. Eyerly | Insurance Law Hawaii | February 14, 2018 One insurer’s refusal to defend based upon its “other insurance” provision ultimately meant the insurer had to pay all of the insured’s defense costs. Steadfast Ins. Co. v. Greenwich Ins. Co., 2018 Wis. App. LEXIS 51 (Wis. Ct. App. Jan. 17, 2018). Milwaukee Metropolitan Sewerage… Continue reading Misread of Other Insurance Clause Becomes Costly for Insurer

Bad Faith by Insured Should Have Resulted in Sanctions but Only Resulted in Loss

Barry Zalma | Zalma on Insurance | January 29, 2018 Waiting More than a Year After Default is Always Prejudicial When an insured delayed notifying his insurer of his need for coverage was both unexcused and unreasonable. When the action was commenced against the insured in 2010, a reasonably prudent person would have understood that… Continue reading Bad Faith by Insured Should Have Resulted in Sanctions but Only Resulted in Loss

Can Your Insurance Company Change Its Position Regarding Coverage For Your Claim?

Lawrence Moon | Property Insurance Coverage Law Blog | February 17, 2018 Answer: It depends, on several factors, such as: The applicable state law, the insurance company’s prior position, or positions (e.g., did it accept or deny coverage?), how it expressed that position, or positions (e.g., did it accept coverage under a reservation of rights,… Continue reading Can Your Insurance Company Change Its Position Regarding Coverage For Your Claim?

CA Supreme Court Clarifies Scope of Right to Repair Act

Kevin Meade and Scott Halberstadt | The Amin Law Group | February 1, 2018 After a long wait, the California Supreme Court issued its opinion in McMillin Albany, LLC v. Superior Court regarding the application and interpretation of California’s Right to Repair Act (the comprehensive statutory scheme for construction defect claims for newly built residences;… Continue reading CA Supreme Court Clarifies Scope of Right to Repair Act

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