Darren S. Teshima, Harry J. Moren and Alison K. Roffi | March 23, 2016 Imprecise usage of the word “only” in policy language may create ambiguities favorable to policyholders. The Second Circuit recently agreed with policyholders that their homeowners’ policy, which insured for property damage involving the collapse of a part of a building “caused… Continue reading Second Circuit Holds Ambiguity of Phrase “Caused Only By” Permits Coverage Where Uncovered Perils Contribute to Property Damage
Tag: insurance coverage
Insurance Insight – Texas Supreme Court Clarifies Extent of Coverage for Construction Defects under CGL Policies
Matthew T. Nickel, J. Stephen Berry and Keith Moskowitz | Dentons | March 24, 2016 In a matter of first impression, the United States Court of Appeals for the Fifth Circuit certified four questions to the Texas Supreme Court arising from an insured’s claims that its liability for a refinery owner’s replacement costs and downtime… Continue reading Insurance Insight – Texas Supreme Court Clarifies Extent of Coverage for Construction Defects under CGL Policies
Insurance Coverage – Equitable Subrogation – Doctrine of Superior Equities
David L. Blinn | Low, Ball & Lynch | February 8, 2016 Equitable subrogation is most commonly employed when an insurer pays its insured for losses and then pursues an action against the wrongdoer whose wrong caused the loss paid by the insurer. This case considered whether an insurer may bring an action for equitable… Continue reading Insurance Coverage – Equitable Subrogation – Doctrine of Superior Equities
Construing Collapse Under a Homeowners’ Insurance Policy
Larry P. Schiffer | Squire Patton Boggs | March 9, 2016 Homeowners’ policies have become more complex as more and more homes have been built around the country. With the increase in natural and other disasters, including construction defect claims, homeowners have looked to their policies for coverage when disasters have destroyed or nearly destroyed… Continue reading Construing Collapse Under a Homeowners’ Insurance Policy
Attorney Work Product and Hiding the Coverage Opinion – A Refresher on Attorney-Client Privilege
Patrick McGinnis | Property Insurance Coverage Law Blog | February 25, 2016 Recently, while going through the insurance company claim file on two cases, I saw references to a coverage opinion letter from a lawyer (or referencing emails shared between the adjuster and an attorney about coverage). These communications occurred in the claims handling process… Continue reading Attorney Work Product and Hiding the Coverage Opinion – A Refresher on Attorney-Client Privilege