Daniel Lund III | Phelps Dunbar When the judge’s opinion starts out that way, you know one side in the case is about to take it on the chin. A contractor’s builder’s risk insurer with a policy covering a warehouse renovation project in Beaumont, Texas, was asked to cover damages caused to the building by… Continue reading Construction Litigation Roundup: “This Is a Simple, Straightforward Insurance Dispute.”
Tag: Insurance Dispute
Supreme Court Takes on Insurance Dispute
Lara Degenhart Cassidy and Adriana Perez | Hunton Andrews Kurth On Monday, March 6, the US Supreme Court agreed to hear an insurance coverage dispute, Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC. Insurance cases are few and far between in the high court, so both policyholders and their insurers will be watching the Great… Continue reading Supreme Court Takes on Insurance Dispute
California Court Rules Jury Must Resolve Dispute Between Homeowner and Subcontractor Insurer Over When Claim Occurred
Blake Robinson | Davis Wright Tremaine The California Court of Appeal recently reversed a trial court’s dismissal of a lawsuit, concluding that because there was a dispute over when a homeowner’s claim “occurred” for purposes of an insurance policy, that dispute must be resolved by a jury. Case Background Guastello v. AIG Specialty Insurance Co.1 involved… Continue reading California Court Rules Jury Must Resolve Dispute Between Homeowner and Subcontractor Insurer Over When Claim Occurred
The Legal Framework for Insurance Disputes in USA
Summer Craig and Susannah S. Geltman | Simpson Thacher & Bartlett All questions The legal framework i Sources of insurance law and regulation The regulation of insurance in the US is primarily performed by the states. In 1945, the US Congress passed the McCarran-Ferguson Act, which provides that ‘No Act of Congress shall be construed to… Continue reading The Legal Framework for Insurance Disputes in USA
Partial Denial of Coverage: If They Raise It, Then You Can Appraise It
Francisco Garcia | Property Insurance Coverage Law Blog | August 8, 2018 Nearly every homeowner’s insurance policy issued in Florida provides a mechanism for resolving disputes between the insured and their carrier as to the amount of a loss: Appraisal. The language of the appraisal clause can vary from carrier to carrier – some policies,… Continue reading Partial Denial of Coverage: If They Raise It, Then You Can Appraise It