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Insurance Industry › Contract Disputes › Policy Terms

Maynard Nexsen

Keeping an Eye Out for Litigation Involving Increasingly Popular Gap Coverage

Maynard Nexsen on

So-called “gap” insurance policies – policies that provide critical-illness, hospital-indemnity and specified-disease coverage – have been on the rise due to a number of factors, including the frequency of high-deductible...more

Zelle LLP

Invoking ‘Our Option’ and Preferred Contractor Network Endorsements

Zelle LLP on

Increasing abuses in the claims process have caused insurance companies to rethink the traditional model of sending out cash to pay claims. Far too often, that cash is used for purposes other than fixing damage, with a...more

Bradley Arant Boult Cummings LLP

Beware Misuse of Related-Claims Deemer Clauses in Claims-Made Policies

Bradley Arant Boult Cummings LLP on

The hallmark of a claims-made liability policy is coverage exclusively for claims “first made” during the policy period, thus limiting the insurer’s risk to new claims asserted against the policyholder during a finite time...more

Weber Gallagher Simpson Stapleton Fires &...

Hard Costs vs. Soft Costs in Builder’s Risk Insurance Policies: A Legal and Practical Guide for Insurance Professionals

Weber Gallagher Simpson Stapleton Fires &... on

Builder’s risk insurance is a cornerstone of effective risk management in the construction industry. It offers protection against a variety of physical and financial risks that can impede the successful and timely completion...more

Zelle LLP

Itemized Appraisal Ordered Over Delay and Coverage Dispute Objections: A Shift in the Appraisal Enforcement Paradigm?

Zelle LLP on

In a recent decision, Gray v. Philadelphia Contributionship, 748 F. Supp. 3d 367 (D. Md. 2024), U.S. District Judge James K. Bredar granted a policyholders’ motion to compel appraisal and stayed litigation in a diversity...more

Gray Reed

Master Service Agreement Imposes a Ceiling on Indemnity Obligations

Gray Reed on

Mr./Ms. Negotiator/scrivener/reviewer of Master Service Agreements: When did you last review your go-to indemnity provision? In light of Century Surety Company v. Colgate Operating LLC., perhaps you should do it now. The...more

Vedder Price

Global Transportation Finance Newsletter: April 2024

Vedder Price on

Drafters beware! No assignment clauses vs transfers by operation of law - In Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd1 , the Court of Appeal found that the transfer of rights to an insurer by operation of...more

White and Williams LLP

Ohio Court Refuses to Annualize Multi-Year Policies’ Per Occurrence Limits

White and Williams LLP on

White and Williams recently obtained summary judgment against an insured on behalf of an insurer and a guarantor, establishing that two multi-year insurance policies provide per occurrence limits on a per policy rather than a...more

Carlton Fields

Northern District Of New York Allows Evidence That Follow The Fortunes Or Follow The Settlements Provision Could Be Implied In...

Carlton Fields on

Munich Reinsurance America, Inc. and Utica Mutual Insurance are headed to a bench trial in the United States District Court for the Northern District of New York in a case regarding two facultative reinsurance certificates...more

Bradley Arant Boult Cummings LLP

5 Best Practices For Minimizing Rescission Risk

Bradley Arant Boult Cummings LLP on

Recent court decisions across a variety of industries highlight the importance of submitting accurate and complete insurance applications and renewals. When submitting an insurance application, the applicant should accurately...more

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