Topic
Coverage Dispute
91 published works
Zalma on Insurance
A Masterpiece of Patience from the Fifth Circuit
By Barry Zalma
If You Don’t Pay Premium You Have no Coverage The Fifth Circuit Court of Appeals, in probably one of the shortest decisions ever rendered by an appellate court, made a…
Between the Lines
SJC Addresses Whether and When Insured Can Settle Without Insurer’s Consent and Limits on Enforceability Against Insurer of a Settlement to Which the Insurer Did Not Consent
Image by rawpixel from Pixabay Case also determines when an insurer can stay a suit against the insured when there is a coverage dispute and whether paying the limits into…
Insurance Coverage Law in Massachusetts
US District Court denies summary judgment to first insurer sued by second insurer for violating ch. 93A by seeking defense and indemnity from second insurer’s policyholder
By Nina Kallen
Joyce Richards sued MacDougalls' Cape Code Marine Services to recover for personal injuries she alleged she suffered while working as an employee of Boston Yacht Service (BYS) at MacDougalls' boatyard,…
The Northwest Policyholder
Insurance Policy Interpretation in Oregon—Lessons From New Cases
By Seth Row
Insurance policies are famously obscure, full of non-sequiturs and jargon. Coverage disputes often feature disagreements about the meaning of policy wording. As a result, courts have developed a process for…
Policyholder Perspective
Farella Braun + Martel Insurance Recovery Partners Participate in American College of Coverage Counsel Annual Meeting
By Tyler Gerking, Mary McCutcheon
Tyler Gerking was inducted as a Fellow of the American College of Coverage Counsel’s 7th Annual Meeting in Chicago, Illinois on May 9, 2019. Mary McCutcheon presided over the meeting as…
Wiley Executive Summary
Contract Exclusion Bars Coverage for Demand for Cost-Overrun Payment
The United States District Court for the Eastern District of California, applying California law, has held that no coverage is available for a demand for payment in excess of agreed…
Zalma on Insurance
Insurance Policies Must Be Read as they are Written
By Barry Zalma
“Arise out of ” or “Relate in Any Way” People who write contracts with conditions requiring that one party provides insurance protection for another must be able to read and…
Constructlaw®
Boring Through the Details: U.S. District Court Declares Boring Company Dispute Not Covered by Insurance Policies
Maxum Indemnity Co. v. Robbins Co., P.C., No. 1:17-CV-01968, 2018 U.S. Dist. LEXIS 57729 (N.D. Ohio Mar. 28, 2018) On March 21, 2018, the United States District Court for the…
Constructlaw®
Fifth Circuit Holds Settlement Proceeds Received by General Contractor From Subcontractors Constitute “Other Insurance” Which Offsets the Liability of the Excess Carrier and General Contractor Bears the Burden of Properly Allocating the Proceeds Among Covered and Non-Covered Claims
By John Gazzola
Satterfield & Pontikes Constr., Inc. v. United States Fire Ins. Co., 2018 U.S. App. LEXIS 21488 (5th Cir. Aug. 2, 2018) This case arises out of an excess insurance provider’s…
Hunton Insurance Recovery Blog
Connecticut Court Holds Unresolved Coverage Issues Makes Appraisal Premature
By Michael S. Levine, Lorelie S. Masters, Geoffrey B. Fehling
A Connecticut court recently denied a motion to compel appraisal of a claim for coverage of a commercial property damage claim, holding that, where the insurance policy at issue provides…