Self-Insured Retention Provisions

News & Analysis as of

Whose Money Is It? The Interplay of the SIR and the Made-Whole Doctrine

A self-insured retention or “SIR” typically refers to a dollar amount stated in a liability policy that the insured must satisfy before the insurer is required to defend or indemnify a claim. In most instances, the insured...more

Construction Case Law Update - February 2015 #2

Commercial General Liability Insurance Policies; Construction Defects; Self Insured Retention Amount; Subrogation; “Made Whole Doctrine” – Under the “made whole doctrine,” an insured has no affirmative right to recover...more

Post claims Underwriting– Can Insurers Increase the Self Insured Retention Based on a Claim?

Insurers have generally two departments: underwriting and claims. Underwriters negotiate the terms of the offer of insurance and include, in their internal analysis, how much risk the insurer wants to accept and at what...more

When Can a CGL Policy Do a Disappearing Act?

In Evanston Insurance Company v North American Capacity Company, 2014 U.S. LEXIS 92682, Evanston Insurance Company sued in U.S. District Court to seek contribution from North American Capacity Insurance Company where both...more

Florida Supreme Court Rules an Insured Can Use Payments from a Third Party to Satisfy a Self-insured

On February 6, 2014, in Intervest Construction of Jax, Inc., et al. v. General Fidelity Insurance Company, the Florida Supreme Court held that an insured can use payments from a third party to satisfy a self-insured retention...more

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