Insured’s Bad Faith Insurance Claim Evaporates Before its Eyes
Sometimes it’s right there before your eyes. Then, poof, it’s gone. This was the experience of one insured, who brought a bad faith insurance denial claim…
Supreme Court Finds Insurance Coverage for Intentional (and Despicable) Act of Contractor’s Employee
Not to cast shade on your fun in the sun, but here’s an unusual, albeit sad and creepy, one for you. I’m bummed even writing about…
California Court of Appeal: Inserting The Phrase “Ongoing Operations” In An Additional Endorsement Is Not Enough to Preclude Coverage for Completed Operations
In a victory for additional insureds, a California appeals court held, in Pulte Home Corp. v. American Safety Indemnity Co., Cal.Ct.App. (4th Dist.), Docket No.…
What You Need to Know About Additional Insured Endorsements
A well-drafted insurance clause is an integral part of a construction contract because it sets forth a subcontractor’s obligations to add the general contractor to its…
The Metaphysics of When an Accident is an “Accident” (or Not) Under Your Insurance Policy
As an undergrad, I remember taking an introductory philosophy class. When we came to the chapter on metaphysics our professor asked what makes an apple an…
Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference
I’ve yet to find reading through an insurance policy on anyone’s “bucket list.” But read them you should. Or have your attorney read through them (wink,…
No Escape: California Court of Appeals Gives a Primary CGL Insurer’s “Other Insurance” Clause Two Thumbs Down
“No Escape” is a 2015 action movie starring Pierce Brosnan and Owen Wilson (that’s right, Owen Wilson) and which the folks at rogerebert.com described as “a…
The Buck Stops Over There: Have Indemnitors Become the Insurers of First and Last Resort?
Insurance and indemnity are the primary risk management strategies on construction projects. Insurance, such as commercial general liability insurance, insures against third party claims for bodily injury…
It Was the Best of Times, it Was the Worst of Times
When was the last time you read your insurance policy? Anyone? Hands? Bueller? Bueller? Bueller? I don’t blame you. Reading an insurance policy can be like…
Construction Defect Insurer’s Contribution to Settlement Does Not Avoid Equitable Contribution Claim By Coinsurer
As one construction defect insurer found out, simply chipping in, doesn’t mean having chipped in enough. In St. Paul Mercury Insurance Company v. Mountain West Farm…
Owner’s Insurance Broker Had No Duty to Inform Insured Subcontractor of Insolvency of Insurance Company
Construction projects can be fraught with risk whether it be design or construction defects, injuries to laborers or third parties or even damage to or destruction…
