policy language News

Illinois Supreme Ct. Questions Prior Rulings, Holds Construction Defects May Be Covered

A long line of Illinois court cases has held that damage caused by construction defects isn’t covered by commercial general liability insurance. Some rulings cited the scope of work, others focused on the nature of the damage and some hinged …

11th Circuit: Insurer Must Pay UIM Claim for Injury Caused by Scooter

State Farm must pay an uninsured motorist claim for injuries caused by an electric motor scooter even though the scooter didn’t match the definition of “motor vehicle” in Florida statutes, a panel of the 11th Circuit Court of Appeals ruled …

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 …

Fla. Court Clears Way for Video Recording of Adjuster’s Damage Inspections

Homeowners and public adjusters may now feel a little more emboldened to record an insurance adjuster’s inspection of a home, after a Florida appeals court ruled in favor of the practice last week – the third such ruling in as …

The Long Tail of Pandemic-Related Global Insurance Disputes

As the COVID-19 pandemic began to spread around the world last year, businesses faced unprecedented certainty and disruption, leading to a wave of insurance coverage disputes. Roughly a year and a half later, we are beginning to get some clarity …

Cloudy D&O Policy Language May Force Insurer to Pay for Defense of Investor Suit

Because of “ambiguous” policy language in a complicated insurance contract, a directors and officers insurer may be liable for more than $600,000 in legal fees paid by the founder of a business that was sued by its investors. A panel …

Insurers Rewrite Business Policies After Pandemic Legal Tussles

NEW YORK — U.S. insurers are strengthening language in policies that cover business losses to protect them from future claims related to the coronavirus pandemic or other widespread illnesses that disrupt operations, industry sources say. New policies and renewals now …

Unclear Policy Endorsement Makes Excess Insurer Liable for Fuel Spill

Confusing language in a policy issued by an excess insurer puts the carrier on the hook for up to $5 million in clean-up costs after a policyholders’ tanker truck overturned and spilled its load of fuel, the 1st Circuit Court …

Fla. and Okla. Courts Uphold Right to Assign Benefits

Appellate courts in Florida and Oklahoma this week upheld the right of policyholders to assign their right to collect benefits from an insurance claim to contractors, reversing trial court rulings in favor of insurers. The Oklahoma Supreme Court on Wednesday …

Century 21 Sells $175 Million Covid Claim Insurers Won’t Pay

There’s an unusual asset up for grabs in Century 21 Stores’ going-out-of-business sale: a stake in its long-shot legal fight against insurers. The New York department store company, which filed for bankruptcy in September, claims it’s owed more than $175 …