When Does a Claim Become a “Claim”? A Lesson on Timely Notice

Matthew J. Revis and Patrick M. McDermott | Hunton Andrews Kurth On March 20, 2023, the Southern District of New York denied a policyholder’s claim for coverage and granted the insurer’s motion for judgment on the pleadings in Pine Management, Inc. v. Colony Insurance Company. The parties disputed whether a real estate liability insurance policy provided defense and… Continue reading When Does a Claim Become a “Claim”? A Lesson on Timely Notice

New California Time-Limited Demand Statute for Insurance Claims Effective Now

Chad W. Dunham | PropertyCasualtyFocus In an effort to promote early resolution of claims and remove ambiguity in bad faith litigation, the California legislature recently passed Senate Bill 1155. Effective January 1, 2023, the bill creates California Code of Civil Procedure Section 999 et seq., a set of rules detailing form requirements for time-limited demands, demand… Continue reading New California Time-Limited Demand Statute for Insurance Claims Effective Now

Payment Bond Surety Entitled to Award of Attorneys’ Fees Although Defended by Principal

Garret Murai | California Construction Law Blog For contractors involved in California public works projects the scenario is not uncommon: The general contractor awarded the public works project is required to obtain a payment bond for the benefit of subcontractors and suppliers and the payment bond surety issuing the payment bond requires the general contractor… Continue reading Payment Bond Surety Entitled to Award of Attorneys’ Fees Although Defended by Principal

Smoke Damage a Source of Friction for ‘Standing Home Survivors’

Jim Sams | Claims Journal The lingering impact of smoke and soot is complicating insurers’ efforts to resolve homeowners claims from the Marshall Fire, which destroyed 1,084 homes in Boulder County, Colorado last December. An in-depth report posted online this week by the nonprofit Boulder Reporting Lab told the story of “standing home survivors,” homeowners who did… Continue reading Smoke Damage a Source of Friction for ‘Standing Home Survivors’

‘Wrongful Acts’ Includes Both Negligent and Intentional Acts

Ysabelle Reyes | Wiley Rein The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an insurer had a duty to defend an insured condominium association and its board members against an underlying lawsuit because the association’s board members allegedly committed “Wrongful Acts” under the directors and officers… Continue reading ‘Wrongful Acts’ Includes Both Negligent and Intentional Acts

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