Insurance Construction

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Insurer’s Potential Exposure to Fees and Costs When Prosecuting Indemnity Action under Assignment from Insured

Hearn Pacific Corporation v. Second Generation Roofing, Inc. - Court of Appeal, First Appellate District (May 2, 2016) - It is not uncommon in construction defect and some other cases for an insurer of the general...more

Contractual Waiver of Subrogation Applied to Owner’s Non-Work Property

After an insurer pays for a covered loss by an owner under a property policy the insurer generally has the right, whether under the common law, statute or the policy itself, to seek recovery of the payment from the...more

Far-reaching reforms to insurance law – and what action to take

The Insurance Act 2015 (the Act) will come into force on 12 August 2016 and is set to have far-reaching effects on how businesses handle their insurance policies and renewals. The Act will affect non-consumer contracts and...more

Oregon Court of Appeals Holds that “Common Issue” Exception Applies to Permit Defendant Contractor to Recover Attorney’s Fees From...

In The Village at North Pointe Condominiums Association v. Bloedel Construction Co. et al., 278 Or App 354 (2016), the Oregon Court of Appeals held that defendant contractor could recover attorneys’ fees against a homeowners...more

Insurer’s Attempt to Shift Cost of Defense to Another Insurer Found Void as to Public Policy

While construction can sometimes be risky, construction litigation is almost always expensive. This volatile mix of risk and expense has made risk shifting, through indemnity and insurance, a primary goal and concern by those...more

The ERISA Litigation Newsletter - May 2016

Editor’s Overview - In this issue of Proskauer's ERISA Litigation Newsletter, we review a recent ruling by the Tenth Circuit Court of Appeals concerning the application of controlled group principles to the building...more

Operation Underground Economy

The California Department of Insurance’s news release on its latest efforts to target the underground economy reminds me of some lines of Mission Impossible: “this is not mission difficult, Mr. Hunt. It’s mission impossible.”...more

Defence & Indemnity - April 2016: V. SURETY AND BOND ISSUES

Liability of surety in Quebec under a labour and material payment bond consistent with common law principles L’Unique Assurances Générales inc., Appelante, c Échafauds Plus (Laval) inc., Intimée, 2015 QCCA 1725 [4174]...more

Construction Defect Insurance Disputes Are Daunting Puzzles, But Neutrals Fit the Pieces Together

Think construction defects cases are complicated? Try looking at them from the perspective of the neutrals who guide parties to settlement. Complicated only begins to describe what one experienced neutral calls working on a...more

Agent Had No Duty to Produce Additional Insurance Coverage For Lost Rent and Soft Cost Without a Specific Request

Professional Lines Alert - APM, LLLP v. TCI Insurance Agency, Inc., No. 20150243, Supreme Court of North Dakota, March 15, 2016 - Plaintiff, a property management company, was seeking a builder's risk insurance...more

New York High Court Gives the Bronx Cheer to Insurers’ Pro Rata Allocation and Exhaustion Arguments

Over time, New York’s courts have erected multiple barriers to policyholders seeking to recover insurance for long-tail, progressive injury claims—such as environmental or asbestos liabilities—that can implicate multiple...more

Insurance Review May 2016

It has been another active year for class action and mass tort litigation in Australia, with seemingly very few industries or sectors immune, even the legal industry upon which this burgeoning area of the law has been built....more

Colorado Supreme Court: Insurers Need Not Show Prejudice to Enforce No-Voluntary-Payments Provision of Insurance Policy

On April 25, 2016, the Colorado Supreme Court overturned a decision by the Colorado Court of Appeals and Colorado District Court in what is believed to be a seminal victory for insurers. In Travelers Prop. Cas. Co. of Am. v....more

Montana Supreme Court Revisits General Liability Coverage for Construction Defect Claims

In its recent decision in Emplrs Mut. Cas. Co. v. Fisher Builders, Inc., 2016 MT 91 (Mont. Apr. 16, 2016), the Supreme Court of Montana had occasion to consider what constitutes an “occurrence” in the context of a defective...more

A Double Standard in Construction Defect Coverage Cases?

The recent decision of Allied Property & Casualty Insurance Co. v. Metro North Condominium Associates highlights why only a minority of jurisdictions still hold to the fiction that construction defects cannot give rise to an...more

California Appeals Court Rejects Insurer’s Reliance on Contractual Escape Clause

According to a closely watched decision, an “other insurance” clause in a comprehensive general liability policy will not, as a matter of public policy, permit the insurer to avoid having to pay a share of the insured’s...more

PHH Mortgage Attacks the CFPB: Will the Bureau Become a Commission?

On April 12, the U.S. Court of Appeals for the D.C. Circuit heard arguments in PHH Mortgage’s appeal of a $109,000,000 disgorgement order by the CFPB. The CFPB found PHH had illegally referred consumers to mortgage insurers...more

El mercado estadounidense de P3 está maduro para crecer

Con una infraestructura obsoleta y escasez presupuestaria por parte del gobierno, las colaboraciones público-privadas (“P3”) han dejado de ser una idea nueva para convertirse en una opción cada vez más factible de...more

California Court Rejects Primary Carrier’s Excess Other Insurance Position

In its recent decision in Certain Underwriters at Lloyds, London v. Arch Specialty Ins. Co., 2016 Cal. App. LEXIS 275 (Cal. App. Apr. 11, 2016), the Court of Appeal of California for the Third Appellate District had occasion...more

Kentucky Court of Appeals Denies CGL Coverage For Damage To Property Other Than Insured’s Work

In Acuity v. Martin/Elias Props., LLC, 2016 Ky. App. Unpub. LEXIS 237 (Ky. Ct. App. Mar. 25, 2016), the Court of Appeals of Kentucky held that commercial general liability insurer Acuity did not owe coverage for a claim that...more

The Camel’s Nose: Incorporating Commercial and Construction Arbitration Rules

There is an old proverb that states, “If the camel once gets his nose in the tent, his body will soon follow.” Stated differently, one should not let the camel’s nose inside unless he or she is prepared to accept the whole...more

Insurance Insight - Texas Supreme Court clarifies extent of coverage for construction defects under CGL policies

In a matter of first impression, the United States Court of Appeals for the Fifth Circuit certified four questions to the Texas Supreme Court arising from an insured’s claims that its liability for a refinery owner’s...more

OCIP Liability Insurer Required to Indemnify Florida Contractor for $23M in Property Damage Arising Out of Defective Subcontractor...

Pavarini Construction Co. v. Ace American Insurance Co., 2015 U.S. Dist. LEXIS 151247 (S.D. Fla. Oct. 29, 2015) - This action arose out of a construction project to build a 63-story luxury condominium tower located in...more

Texas Tornadoes: Why Risk Mitigation Matters

On Dec. 26, 2015, 12 confirmed tornadoes struck the North Texas area, killing 13 people.[1] Property damage resulting from the tornadoes is currently estimated at $1.2 billion. According to the National Oceanic and...more

New Law in New Jersey Increases Scope of Insurance Fraud to Insurance Certificates

Contractors should be aware of a New Jersey law that could cause them to be found liable for insurance fraud if they provide insurance certificates to owners containing false or misleading information. The new law, which goes...more

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