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

This, That, and the Other: Different Insurance Policies Can Cover the Same Loss

Kenneth Gorenberg | Barnes & Thornburg As policyholder counsel, we’re frequently asked which insurance policy may cover a particular claim. Sometimes, the answer is not just one but more than one. How a Claim Can Be Covered By More Than One Policy There are several circumstances in which more than one policy may respond to… Continue reading This, That, and the Other: Different Insurance Policies Can Cover the Same Loss

How Forum-Selection and Choice-of-Law Provisions in Insurance Policies Can Affect Coverage

Jeffrey Mikoni and Matthew Putorti | Policyholder Pulse Location matters. Some states are more protective of policyholder or consumer interests than others. And so, where the case is ultimately litigated, and what law applies, can have profound implications for a policyholder’s recovery. In an effort to secure the application of a body of jurisprudence they… Continue reading How Forum-Selection and Choice-of-Law Provisions in Insurance Policies Can Affect Coverage

What a Difference a Word Makes

Ethan Price-Livingston | Cozen O’Connor             A recent decision by a Massachusetts Appellate Court reinforces that every word in an insurance policy has meaning, and that one word can make all the difference.             In Phoenix Baystate Constr. Co., Inc. v. First Ins. Co., 145 N.E.3d 911, 2020 WL 2516670 (Mass. App. May 18, 2020), review denied  150… Continue reading What a Difference a Word Makes

There is an Obligation for the Insured to Read an Insurance Policy

Barry Zalma | Property Insurance Coverage Law Blog | November 21, 2019 (NOTE: This guest post is by Barry Zalma, Esq., CFE.1 Barry Zelma is a prolific writer and scholar in the field of insurance. I have purchased numerous publications from Barry. I am currently reading a book on legal ethics he wrote, The Little Book on Ethics For… Continue reading There is an Obligation for the Insured to Read an Insurance Policy

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