Recovering a settlement from the defendant's insurer
An insurer refuses to defend or otherwise denies coverage to a defendant. The defendant believes it has no liability, but the plaintiff seeks bet-the-house or bet-the-company damages. If the insured settles may the defendant or its assignees recover indemnity from the insurer even though it denied liability?
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Excess insurer's responsibility for defense costs
Marc Mayerson does an excellent job covering the issues and recent court decisions governing defense costs under excess insurance policy forms over at the Insurance Scrawl .
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Katrina lawsuits in Louisiana
On Christmas day, The Times Picayune in New Orleans reported on lawsuits being filed against the U.S. Army Corps of Engineers and others for damages caused by Hurricane Katrina.
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Insurance coverage dodge revealed
May It Please the Court tells an eye opening story about a case in which "an insurance company issued a policy to a company in India, doing business in India, to cover work done in India for an American company" but "the policy excluded coverage for work done in India."
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Is each sale of a defective construction product an occurence for purposes of insurance coverage? ?
Not if the defective product is EIFS cladding sold in South Carolina.
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Katrina: building homes that don't blow away
Over at the RiskProf Blog they discuss how builders are selling homes built like fortresses to withstand high winds.
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What did your old insurance policy provide?
Damages may arise many years after the act or omission that caused them. The ContractsProf Blog describes the emergence of "insurance archaeologists" who specialize in finding lost policies.
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Katrina: Say its not so Uncle Sam
This headline from USA Today triggered a slow burn within me: "FEMA halts flood insurance payments."
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Juror attitudes about your insurance claim
Marc Mayer over at Insurance Scrawl discusses focus group research suggesting the lowering of expectations of jurors as to appropriate insurance company conduct.
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Obtaining liability insurance
The InhouseBlog points to this article practical advice on procuring construction liability insurance.
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Katrina flood insurance claims--60 day drop dead date modified
The Insurance Scrawl in an updated post reports that FEMA has promulgated rules relaxing the 60 day deadline for filing sworn proofs of claim and new underwriting guideline allowing payment of flood insurance claims based on the adjuster's findings alone and giving insureds 12 months from date of loss to file a sworn proof of loss if they disagree with the adjuster's findings.
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Katrina flood insurance claims--the 60 day drop dead date
Katrina flood victims face loss of their coverage if they do not submit a sworn proof of claim on their flood insurance policy within 60 days from the date of damage reports the Insurance Scrawl, even if an adjuster has not inspected the property.
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Waiver of subrogation clauses
Here's a how to article describing the potential consequences to all parties' of failing to require proof of coverage and waiver of subrogation rights on a construction project.
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Mold and construction defect insurer goes public
James River Insurance Company which opened its doors only two years ago received a vote of confidence from Wall Street as its share price climbed 11% on its first day as a public company reports The News & Observer.
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Punitive Damages update
The Tennessee Business Litigation Law blog points to an article by a defense attorney about how the lower courts are applying the Supreme Court's decision in State Farm v. Campbell on the constitutional limits of punitive damages awards.
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Another court holds an insurer may recover its defense costs from its insured.
An insurer may recover the cost it incurs defending a case if the insurer reserves its right to do so and it's later adjudicated the isnurer had no duty to defend, the California the Supreme Court held Monday in Scottsdale Insurance v. MV Transportation. Download file
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Insurer Reserving Rights May Collect Settlement Proceeds from Insured
A Texas Supreme Court decision permitting an insurer that defended under a reservation of rights to recover sums the insurer paid to settle an uncovered multi million dollar claim is summarized by the Insurance Crawl.
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New York Court Courts Really Enforce Insurer Claim Notice Provisions
The Insurance Scrawl discusses New York courts' contrarian approach to the enforcement of insurance policy claim notice provisions.
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May Insurer Recover Funds Advanced to Defend an Insured?
The courts are split over whether a insurer defending under a reservation of rights may recoup defense costs from its insured if it turns out none of the claims being defended are covered by the policy reports the Insurance Scrawl.
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Insurer that Defends Without Reserving Rights Waives Coverage issues
So holds the United States Court of Appeals from the Eighth Circuit in a decision summarized at the Tennessee Business Litigation Law Blog.
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The Importance of Naming Indemnitees as Additional Insureds
A Georgia appellate court's recent decision creates uncertainty--at least in Georgia--over the scope of "insured contract" coverage provided by commercial general liability policies ("CGL'). Ordinarily insurance policies do not protect against breach of contract claims. But when provided by the policy "insured contract" coverage protects the insured when the insured contractually assumes tort liability for bodily injury or property damage to a third party.
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Unintentional Construction Defects Are an Occurrence Under Liability Insurance Policy
A Texas appellate court held an unintentional construction defect is an accident and, therefore, an occurrence under a contractor's commercial general liability policy. Courts across the nation are badly split over this issue.
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Colorado Governor Vetoes Bill Limiting Scope of Indemnity Provisions in Construction Contracts
Colorado's Governor has vetoed a bill that would have prohibited one person from requiring another person or another persons insurer or surety from indemnifying that person from its own negligence for personal injury or property damage.
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