Ninth Circuit clarifies that one “known loss” doesn’t mean you know them all
In Kaady v. Mid-Continent Casualty Co. (June 25, 2015), the Ninth Circuit recently spurned an insurer’s attempt to conflate two separate losses in an attempt to deny coverage on the grounds that the insured’s pre-policy [...]
Washington Supreme Court adopts pro-policyholder interpretation of “collapse” in a property policy
Today, the Washington Supreme Court provided much needed relief for policyholders faced with buildings that are structurally impaired, but have not yet actually fallen down. In Queen Anne Park Homeowners Ass’n v. State Farm Fire [...]
In Washington, appointed defense counsel owes a duty of care only to its client, the insured, and not to the insurer paying the bills
In a traditional attorney-client relationship, the attorney acts as the client’s zealous advocate, protects the client’s confidences, and at all times acts in the client’s best interests. But what duty, if any, is owed to [...]
Florida Appellate Court Revives $15 Million Construction Claim
Can three days make a difference when filing a construction defect lawsuit? Absolutely! In Cypress Fairway Condominium v. Bergeron Construction Co. Inc., three days was the difference between the claim being time barred and timely [...]
Florida Court of Appeals: Yes, you can assign your claim after a loss
It is common practice in Florida for companies offering emergency-restoration services to take an assignment of the insured’s property-damage claim against the insured’s property policy in lieu of the insured paying the restoration company directly [...]
Would-be plaintiffs, don’t ignore the importance of pleading into coverage
Recently, the Illinois Court of Appeals emphasized the importance of careful pleading when it comes to triggering an insurer’s duty to defend. In West Bend Mut. Ins. Co. v. Pulte Home Corp. (May 15, 2015), [...]
Monitor Your Risks, Mitigate Your Damage
Do you read your insurance policy? Do you even have a copy of it? If you are like most insureds, the answer is no. If you answered yes, let me ask a third question: Do [...]
Broker’s liability based on facts at placement, not insured’s aspirations for business
A recent broker-malpractice case in Illinois shows how an apparently cozy relationship between a broker and a client can cost both parties dearly. In Brothers Future Holdings, LLC v. Indiana Ins. Co. (Ill. Ct. App. [...]
Florida Court: Insurers, if you deny defense, you must pay your insured’s pre-tender attorney’s fees.
Last week, a Florida circuit court found an insurer jointly and severally liable not only for post-tender attorney’s fees but, because the insurer had refused to defend its insured, the insurer was liable for pre-tender [...]
Eleventh Circuit Provides Critical Path to Defense and Indemnity
On April 7, 2015, a federal appellate court issued a critical opinion on insurance coverage for construction-defect cases. In Carithers v. Mid-Continent Casualty Company, the Eleventh Circuit held that (1) the duty to defend is [...]