Burke Coleman is Legal Counsel and Compliance Manager for Demotech, Inc. Burke can be contacted at bcoleman@demotech.com. This article is for informational purposes only, is not intended as legal advice, and is not a substitute for independent legal analysis and advice on a particular issue. The Seventh Circuit Court of Appeals recently held that a claim for replacement costs under a property insurance policy survives the insured’s sale of the damaged property. In Edgewood Manor Apartment Homes, LLC v. RSUI Indem. Co., 2013 U.S. App. …
In one of the more unusual cases interpreting terms of an insurance policy, the Sixth Circuit Court of Appeals has highlighted the importance of policy definitions. In Bennett v. State Farm Mut. Auto Ins. Co., 2013 U.S. App. LEXIS 19494, …
Coverage for defective construction claims under commercial general liability (CGL) policies remains an important and frequently contested issue, and the last year has seen significant developments on the issue. Courts have taken varying approaches to the question and applied different …
The Florida Supreme Court recently issued an important decision on the use of extrinsic evidence to resolve ambiguities in policy language. In Wash. Nat’l Ins. Co. v. Ruderman, No. SC12-323 (Fla. Jul. 3, 2013), the Florida Supreme Court answered a …
Public policy and insurance law allow insurance coverage only for fortuitous events and not for harm or loss resulting from intentional acts. To this end, insurance policies provide coverage when an injury or loss is caused by an “occurrence” which …
The New York Court of Appeals has reaffirmed the importance of the insurer’s duty to defend its insureds, holding that when an insurer breaches its duty to defend, it may not rely on exclusions in the policy to avoid coverage …
Determining whether claims made under an insurance policy are multiple claims or a single claim is an important exercise that can have significant coverage implications relating to coverage dates, policy limits and other policy considerations. Claims-made insurance policies are typically …
Illinois law requires insurers to provide independent counsel for their insured when a conflict of interest arises. The duty developed from balancing the insurer’s obligation to defend the insured with the ethical obligations of appointed attorneys, and is firmly grounded …
This is part two of a three part series focusing on an insurer’s duty to provide independent counsel in Alaska, California and Illinois. Read Part 1. Alaska imposes a broad duty on insurers to provide independent counsel for the insured …
This is part one of a three part series focusing on an insurer’s duty to provide independent counsel in Alaska, California and Illinois. Under liability insurance policies, an insurer has a duty to indemnify the insured for loss as well …