direct action statute News

Md. High Court: No Coverage Owed for Lead Paint Exposure After Policies Rescinded

Insurers that rescinded general liability policies issued to landlords who misrepresented their exposure to lead paint claims owe no coverage to 12 plaintiffs who had not yet obtained final court judgments, Maryland’s high court ruled. The Court of Appeals on …

NJ Supreme: Statute Allows Construction Defect Claim; Arbitration Clause Applies

New Jersey’s Direct Action Statute allows a condominium association’s construction defects claims against an insurer, but the plaintiff must comply with a binding arbitration clause in the policies, the state Supreme Court ruled Monday. The unanimous decision overturns rulings by …

Louisiana’s Direct Action Statute Doesn’t Substantively Modify Claims-Made Policy Notice Provisions

Typical claims-made insurance policies require claims to be both made and reported within the applicable policy period. Under this type of policy, the risk of a claim incurred but not made, as well as a claim made but not reported, …