Impairing Your Insurer’s Subrogation Rights

David Adelstein | Florida Construction Legal Updates Liability insurance policies have a provision that allows them to subrogate to the rights of their insured. This provision is commonly referred to as a transfer of rights provision and reads: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those… Continue reading Impairing Your Insurer’s Subrogation Rights

‘What’s in a Name[d Defendant]?’: Federal Court Suggests Narrow Exception to Insurer’s Broad Duty to Provide a Complete Defense

Lynda Bennett, Alexander Corson and Eric Jesse | Lowenstein Sandler Policyholders purchase liability insurance expecting that, when they are sued, their defense will be paid for by their insurer. Because the key value of liability insurance is that it is really “litigation insurance,” courts repeatedly recognize that an insurer’s duty to defend includes an obligation… Continue reading ‘What’s in a Name[d Defendant]?’: Federal Court Suggests Narrow Exception to Insurer’s Broad Duty to Provide a Complete Defense

Liability Insurer’s Duty to Defend Insured is Broader than its Duty to Indemnify

David Adelstein | Florida Construction Legal Updates | May 3, 2019 When it comes to liability insurance, an insurer’s duty to defend its insured from a third-party claim is much broader than its duty to indemnify.   This broad duty to defend an insured is very important and, as an insured, you need to know this.   “A liability insurer’s obligation,… Continue reading Liability Insurer’s Duty to Defend Insured is Broader than its Duty to Indemnify

The Known Loss Doctrine and Liability Insurance

David M. Atkinson and Eleanor G. Jolley | Claims Journal | February 20, 2018 Insurance coverage is premised on the concept of fortuity – a loss that occurs by chance or accident. When an insurance company issues a policy, it insures against a risk of possible loss, not a certainty. Insurance carriers do not intend to provide coverage for… Continue reading The Known Loss Doctrine and Liability Insurance

New Construction Coverage From Liberty Mutual, Ironshore Targets Integrated Projects

Insurance Journal | September 14, 2017 Liberty Mutual and Ironshore’s dedicated construction practices have introduced an Integrated Primary Wrap Up/Project Specific program offering general liability (GL) and professional liability (PL) protection for medium and large construction projects developed through design-build or integrated project delivery (IPD). Workers’ compensation (WC) coverage will be available as a separate… Continue reading New Construction Coverage From Liberty Mutual, Ironshore Targets Integrated Projects

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