In an issue of apparent first impression in New York, an appellate court has found that an ambiguity existed in an
insurance policy as to losses resulting from a backup and/or overflow from sewers, drains, and/or plumbing systems.
The anti slapp statute is now a powerful tool to discourage enforcement of no...Keystone Law
Statutory changes have further limited the applicability of no contest clauses to apply only to certain specific types of legal actions – the most common being direct attacks on the estate planning documents themselves, known as “direct contests”
Appellate Webinar CA Supreme Court 4-28-2015Michael Walsh
The California Supreme Court will decide three asbestos cases that will help define the scope of asbestos liability. One case examines whether an employer owes a duty to an employee's family if the employer uses asbestos products. Another determines if a supplier of raw asbestos can be liable for failure to warn users. A third considers the sophisticated intermediary doctrine's application to raw asbestos suppliers. The Court will also decide if ensuring proper bed rails involves professional negligence or ordinary negligence.
This document provides a summary of a lecture on insuring risk in construction projects. It discusses the various parties involved in construction projects and the risks they face, such as delays, claims, insolvency, design flaws, and more. It then outlines the various types of insurance commonly used in construction, including contractors' all risk policies, professional indemnity, and more. The document discusses several legal cases that relate to interpreting insurance contract clauses and exclusions. It examines issues like whether rectification costs are covered, how cross-liability and waiver of subrogation clauses work, and when insurance payouts might reduce damages owed.
The document discusses the legal principle of premise liability as it relates to a case involving a woman, Mrs. Ipana, who slipped and fell at a supermarket, Shigley's. It summarizes the facts of the case, including that Mrs. Ipana fell in Aisle 3 due to an uncleaned spill and was seriously injured. It analyzes relevant rules on premise liability, including that businesses must warn of hazards they should expect customers to encounter while distracted. The memorandum concludes that whether Shigley's is liable depends on if they should have foreseen customers approaching the spill while distracted, and recommends accepting the case against Shigley's, finding them liable for Mrs. Ipana's injuries.
Bad Faith Insurance Law Overview, Oregon Alaska Idaho MontanaSeth Row
This document summarizes bad faith law in the Pacific Northwest states of Oregon, Alaska, Idaho, and Montana. It outlines the requirements to bring a bad faith claim in each state, such as needing a special relationship in Oregon or the claim not being fairly debatable in Idaho. The standard of care expected of insurers is also discussed for each state, for example, acting as an ordinarily prudent insurer would in Oregon. Potential remedies like damages, attorney fees, and estoppel are mentioned for the different states. Contact information is provided for the authors at the end.
Pennsylvania Supreme Court Holds Policyholders May Assign Their Statutory Rig...NationalUnderwriter
Pennsylvania Supreme Court Holds Policyholders May Assign Their Statutory Right to Recover Punitive Damages Arising from Insurer¹s Bad Faith by Sara N. Brown and Roberta D. Anderson
In an issue of first impression, the Pennsylvania Supreme Court recently held in Allstate Prop. & Cas. Ins. Co. v. Wolfe[1] that a policyholder may assign statutory bad faith claims under Pennsylvania’s bad faith statute, Section 8371,[2] to a third party claimant.
Importantly, Wolfe resolves the conflict among Pennsylvania and federal decisions regarding the assignability of the right to recover statutory bad faith damages, and allows assignees to seek punitive damages under the statute against an insurer who acts in bad faith.
Este documento describe los componentes clave de un emprendedor exitoso, incluyendo conocimientos, habilidades, actitudes y valores. Discute las fortalezas y debilidades de un estudiante en cada una de estas áreas, así como planes para mejorar cualquier debilidad. Algunas habilidades importantes mencionadas son el liderazgo, la comunicación, la toma de decisiones y el trabajo en equipo. Valores como la honestidad, la humildad y la lealtad también se destacan como esenciales para un emprendedor.
The anti slapp statute is now a powerful tool to discourage enforcement of no...Keystone Law
Statutory changes have further limited the applicability of no contest clauses to apply only to certain specific types of legal actions – the most common being direct attacks on the estate planning documents themselves, known as “direct contests”
Appellate Webinar CA Supreme Court 4-28-2015Michael Walsh
The California Supreme Court will decide three asbestos cases that will help define the scope of asbestos liability. One case examines whether an employer owes a duty to an employee's family if the employer uses asbestos products. Another determines if a supplier of raw asbestos can be liable for failure to warn users. A third considers the sophisticated intermediary doctrine's application to raw asbestos suppliers. The Court will also decide if ensuring proper bed rails involves professional negligence or ordinary negligence.
This document provides a summary of a lecture on insuring risk in construction projects. It discusses the various parties involved in construction projects and the risks they face, such as delays, claims, insolvency, design flaws, and more. It then outlines the various types of insurance commonly used in construction, including contractors' all risk policies, professional indemnity, and more. The document discusses several legal cases that relate to interpreting insurance contract clauses and exclusions. It examines issues like whether rectification costs are covered, how cross-liability and waiver of subrogation clauses work, and when insurance payouts might reduce damages owed.
The document discusses the legal principle of premise liability as it relates to a case involving a woman, Mrs. Ipana, who slipped and fell at a supermarket, Shigley's. It summarizes the facts of the case, including that Mrs. Ipana fell in Aisle 3 due to an uncleaned spill and was seriously injured. It analyzes relevant rules on premise liability, including that businesses must warn of hazards they should expect customers to encounter while distracted. The memorandum concludes that whether Shigley's is liable depends on if they should have foreseen customers approaching the spill while distracted, and recommends accepting the case against Shigley's, finding them liable for Mrs. Ipana's injuries.
Bad Faith Insurance Law Overview, Oregon Alaska Idaho MontanaSeth Row
This document summarizes bad faith law in the Pacific Northwest states of Oregon, Alaska, Idaho, and Montana. It outlines the requirements to bring a bad faith claim in each state, such as needing a special relationship in Oregon or the claim not being fairly debatable in Idaho. The standard of care expected of insurers is also discussed for each state, for example, acting as an ordinarily prudent insurer would in Oregon. Potential remedies like damages, attorney fees, and estoppel are mentioned for the different states. Contact information is provided for the authors at the end.
Pennsylvania Supreme Court Holds Policyholders May Assign Their Statutory Rig...NationalUnderwriter
Pennsylvania Supreme Court Holds Policyholders May Assign Their Statutory Right to Recover Punitive Damages Arising from Insurer¹s Bad Faith by Sara N. Brown and Roberta D. Anderson
In an issue of first impression, the Pennsylvania Supreme Court recently held in Allstate Prop. & Cas. Ins. Co. v. Wolfe[1] that a policyholder may assign statutory bad faith claims under Pennsylvania’s bad faith statute, Section 8371,[2] to a third party claimant.
Importantly, Wolfe resolves the conflict among Pennsylvania and federal decisions regarding the assignability of the right to recover statutory bad faith damages, and allows assignees to seek punitive damages under the statute against an insurer who acts in bad faith.
Este documento describe los componentes clave de un emprendedor exitoso, incluyendo conocimientos, habilidades, actitudes y valores. Discute las fortalezas y debilidades de un estudiante en cada una de estas áreas, así como planes para mejorar cualquier debilidad. Algunas habilidades importantes mencionadas son el liderazgo, la comunicación, la toma de decisiones y el trabajo en equipo. Valores como la honestidad, la humildad y la lealtad también se destacan como esenciales para un emprendedor.
Making Sense of California's "Accident" Requirement in Liability Insurance Po...NationalUnderwriter
Making Sense of California's "Accident" Requirement in Liability Insurance Policies, Part 1 by David B.Ezra (from FC&S Legal: The Insurance Coverage Law Information Center)
IJERA (International journal of Engineering Research and Applications) is International online, ... peer reviewed journal. For more detail or submit your article, please visit www.ijera.com
A teleconferência apresentou os resultados do 2T12 da Eternit. As vendas de fibrocimento e telhas de concreto caíram, enquanto o lucro líquido cresceu 28,7%. A Eternit diversificou seu portfólio com novos produtos e ampliou suas fábricas no Ceará.
1) Los cigarrillos electrónicos no son seguros y su efectividad y seguridad para dejar de fumar no está demostrada. 2) Contienen componentes potencialmente peligrosos como nicotina, metales pesados y otras toxinas. 3) Se necesitan más estudios para evaluar sus riesgos a corto y largo plazo antes de recomendar su uso.
Este documento presenta la importancia de conocer y aplicar el reglamento estudiantil de la Universidad Popular del Cesar. Explica que los reglamentos asignan deberes y derechos a los estudiantes y regulan las actividades de la universidad. También describe algunos casos en los que los estudiantes pueden usar el reglamento, como para transferirse de carrera o apelar una calificación. El documento concluye que conocer el reglamento es indispensable para resolver problemas que enfrentan los estudiantes.
This document outlines the history and work of the Chemical Health Initiative (CHI) in Goodhue County from 2004 to 2009. It establishes CHI's vision of safe and healthy communities and mission to enhance quality of life through chemical health promotion. It describes the development of CHI community councils in various cities, prevention programs and initiatives in schools and communities, and strategic use of data and environmental strategies to support healthy youth and families county-wide.
This document provides an agenda and overview for a microteaching presentation on the present continuous tense in English. It includes examples of the present continuous, such as "She is writing" and "They are talking". It then asks questions about a fictional glee club to prompt examples, such as "What are they doing?" and "Would you describe him/her?". The purpose is to practice using the present continuous tense to talk about what different people in the glee club are currently doing.
La solución de virtualización orientada al servicio de NTT Europe Online permite compartir los recursos de hardware de un servidor físico entre múltiples servidores virtuales, proporcionando mayor disponibilidad, flexibilidad y eficiencia en comparación con una arquitectura física tradicional. Incluye un portal de virtualización que permite a los clientes gestionar y configurar sus entornos virtualizados de forma autónoma. NTT Europe Online ofrece diferentes niveles de servicio de virtualización gestionada basados en la tecnología VMware.
Apresentação de Resultados 2T11_PortuguêsProvidência
O documento resume os resultados financeiros da Providência USA no 2T11. O volume de vendas cresceu 10,1% em relação ao ano anterior e o trimestre anterior. A receita líquida aumentou 10,1% em relação ao trimestre anterior e 9,6% no semestre. Os custos aumentaram devido ao maior volume de vendas e aumento nos preços das matérias-primas. A empresa espera recompor as margens no segundo semestre com reajuste de preços e maior produção na fábrica dos EUA.
Over three quarters of respondents expect the level of distressed driven M&A transactions and corporate restructurings in Europe to increase over the next 12 months due to prevailing economic conditions. Nearly half of respondents believe depressed valuations and opportunistic acquisitions will be the main drivers of M&A activity in Europe in the coming year. Most respondents anticipate the financial services sector will see the highest level of M&A deals although liquidity constraints are cited as the primary hindrance to dealmaking over this period.
This document provides a summary of pharmaceutical events taking place in February 2012, including location details, dates, times, costs and links for more information. Some of the major events include the NJ 2012 Annual Dinner Meeting on Feb 2nd, the Pharma Market Conference from Feb 7-8th, the BIO CEO & Investor Conference from Feb 13-14th, and FDA Information Days from Feb 13-15th and Feb 14-15th on regulatory topics. The document lists over 30 pharmaceutical events occurring throughout the month of February 2012 in various locations in New Jersey, Pennsylvania, Maryland and New York.
The document summarizes Blue Bird's propane-powered Vision school bus. It utilizes a conventional Type-C school bus chassis powered by propane instead of diesel, providing an affordable and environmentally-friendly alternative fuel option. The propane-powered Vision offers the lowest incremental cost of any large alternative fuel school bus. It has a $12,000 premium over diesel buses and can save up to 57.7% on fuel costs annually depending on mileage and fuel prices. Over 1,300 propane-powered Vision buses have been ordered in 19 states and two Canadian provinces.
Claims-Made Policies May Cover Claims Submitted Outside the Reporting PeriodNationalUnderwriter
Claims-Made Policies May Cover Claims Submitted Outside the Reporting Period.
As a rule, liability insurance policies contain a condition requiring timely notice of a claim against the insured, so that the insurer has an opportunity to adequately investigate and defend the claim. A recurring issue is what happens when notice is not timely. Does the insured lose coverage, automatically, or only when the insurer is prejudiced by the late notice?
The answer can vary depending on what state’s law applies – in Wisconsin, this issue is seemingly answered not as much by policy language or case law but by two different statutes, Wis. Stat. §§ 631.81 and 632.26, each of which expressly states than an insured loses coverage only where the insurer is “prejudiced” by late notice.
A simple diagram depicting talent variation, but aimed at reminding us that we can individually as well as collectively build a bright future regardless of the variations in talents. This depends on dedication, discipline, hard work and focus.
O documento apresenta os resultados do segundo trimestre de 2013 da empresa. Destaca um crescimento de 14,4% na receita líquida e de 21,3% no EBITDA. Apresenta também os investimentos realizados no período, que somaram R$30,5 milhões, um aumento de 94,5% em relação ao ano anterior.
Emergency Mitigation Measures and Repairs, Allegedly Faulty, Doom CoverageNationalUnderwriter
From FC&S Legal: Emergency Mitigation Measures and Repairs, Allegedly Faulty, Doom Coverage.
A federal district court has ruled that an insurer was not obligated to cover claims stemming from allegedly faulty
emergency mitigation measures and repairs made to a roof damaged by Hurricane Isaac.
The Case
Cedar Ridge, LLC, alleged that its Riverlands Shopping Center was damaged by Hurricane Isaac and that it contracted with Roof Technologies, Inc., to perform “emergency mitigation work,” which generally consisted of fastening tarps to Riverlands’ roof. Cedar Ridge then filed a claim with Landmark American Insurance Company and RSUI Indemnity Company (together, “Landmark”), which was denied on the ground that the emergency mitigation work had caused additional damage to Riverlands.
Cedar Ridge sued Landmark, which filed a complaint against Roof Tech, asserting that, “in the event [Landmark was] held liable to plaintiff for any of the claims asserted, third party defendant, Roof Technologies, Inc. [was] liable to [Landmark] for the damage it caused to the property at issue as a result of its defective workmanship and by the improper installation of tarps on the roof following Hurricane Isaac.”
Roof Tech moved for summary judgment.
N.J. Trial Court Applies "Named Storm" Deductible in Superstorm Sandy Case
A New Jersey trial court has ruled that the “Named Storm” deductible applied to an insured’s claim in a Superstorm Sandy case.
The Case:
Wakefern Food Corporation, a buying cooperative of owners/operators of Shoprite and PriceRite supermarkets that purchased commercial property insurance from Lexington Insurance Company, claimed over $50 million in losses from Superstorm Sandy. Lexington paid about $22 million, and Wakefern sued the insurer.
Wakefern asserted that Superstorm Sandy was not a “Named Storm” by definition when it hit New Jersey and its losses had occurred. It asserted that when the storm hit New Jersey at approximately 8:00 p.m. EDT on October 29, 2012, the storm was not declared by the National Weather Service to be a hurricane, typhoon, tropical cyclone, or tropical depression, as its policy defined Named Storm. Wakefern pointed out that as of 5:00 p.m. EDT on October 29, 2012,
the storm already was “expected to transition into a frontal or wintertime low pressure system shortly.” Wakefern
contended that by 7:00 p.m. EDT, the National Weather Service’s National Hurricane Center (“NHC”) had declared the storm a “Post-Tropical Cyclone.” Wakefern argued that a “Post-Tropical Cyclone” was defined in the glossary of NHC terms as its own weather event and that a Post-Tropical Cyclone was a “former tropical cyclone” not a “Hurricane, Typhoon, Tropical Cyclone, Tropical Storm or Tropical Depression.”
Utility's Pre-Sandy Power Shutdown Did Not Cause "Direct Physical Loss" to Un...NationalUnderwriter
A law firm sued its insurer for loss of business income when its power was shut off before Superstorm Sandy. The court denied the claim, finding that without physical damage to the office, there was no "direct physical loss" as required by the policy. However, the court also said that if damage had occurred, the flood exclusion would not apply because the power shutoff was precautionary, not directly caused by flooding.
Making Sense of California's "Accident" Requirement in Liability Insurance Po...NationalUnderwriter
Making Sense of California's "Accident" Requirement in Liability Insurance Policies, Part 1 by David B.Ezra (from FC&S Legal: The Insurance Coverage Law Information Center)
IJERA (International journal of Engineering Research and Applications) is International online, ... peer reviewed journal. For more detail or submit your article, please visit www.ijera.com
A teleconferência apresentou os resultados do 2T12 da Eternit. As vendas de fibrocimento e telhas de concreto caíram, enquanto o lucro líquido cresceu 28,7%. A Eternit diversificou seu portfólio com novos produtos e ampliou suas fábricas no Ceará.
1) Los cigarrillos electrónicos no son seguros y su efectividad y seguridad para dejar de fumar no está demostrada. 2) Contienen componentes potencialmente peligrosos como nicotina, metales pesados y otras toxinas. 3) Se necesitan más estudios para evaluar sus riesgos a corto y largo plazo antes de recomendar su uso.
Este documento presenta la importancia de conocer y aplicar el reglamento estudiantil de la Universidad Popular del Cesar. Explica que los reglamentos asignan deberes y derechos a los estudiantes y regulan las actividades de la universidad. También describe algunos casos en los que los estudiantes pueden usar el reglamento, como para transferirse de carrera o apelar una calificación. El documento concluye que conocer el reglamento es indispensable para resolver problemas que enfrentan los estudiantes.
This document outlines the history and work of the Chemical Health Initiative (CHI) in Goodhue County from 2004 to 2009. It establishes CHI's vision of safe and healthy communities and mission to enhance quality of life through chemical health promotion. It describes the development of CHI community councils in various cities, prevention programs and initiatives in schools and communities, and strategic use of data and environmental strategies to support healthy youth and families county-wide.
This document provides an agenda and overview for a microteaching presentation on the present continuous tense in English. It includes examples of the present continuous, such as "She is writing" and "They are talking". It then asks questions about a fictional glee club to prompt examples, such as "What are they doing?" and "Would you describe him/her?". The purpose is to practice using the present continuous tense to talk about what different people in the glee club are currently doing.
La solución de virtualización orientada al servicio de NTT Europe Online permite compartir los recursos de hardware de un servidor físico entre múltiples servidores virtuales, proporcionando mayor disponibilidad, flexibilidad y eficiencia en comparación con una arquitectura física tradicional. Incluye un portal de virtualización que permite a los clientes gestionar y configurar sus entornos virtualizados de forma autónoma. NTT Europe Online ofrece diferentes niveles de servicio de virtualización gestionada basados en la tecnología VMware.
Apresentação de Resultados 2T11_PortuguêsProvidência
O documento resume os resultados financeiros da Providência USA no 2T11. O volume de vendas cresceu 10,1% em relação ao ano anterior e o trimestre anterior. A receita líquida aumentou 10,1% em relação ao trimestre anterior e 9,6% no semestre. Os custos aumentaram devido ao maior volume de vendas e aumento nos preços das matérias-primas. A empresa espera recompor as margens no segundo semestre com reajuste de preços e maior produção na fábrica dos EUA.
Over three quarters of respondents expect the level of distressed driven M&A transactions and corporate restructurings in Europe to increase over the next 12 months due to prevailing economic conditions. Nearly half of respondents believe depressed valuations and opportunistic acquisitions will be the main drivers of M&A activity in Europe in the coming year. Most respondents anticipate the financial services sector will see the highest level of M&A deals although liquidity constraints are cited as the primary hindrance to dealmaking over this period.
This document provides a summary of pharmaceutical events taking place in February 2012, including location details, dates, times, costs and links for more information. Some of the major events include the NJ 2012 Annual Dinner Meeting on Feb 2nd, the Pharma Market Conference from Feb 7-8th, the BIO CEO & Investor Conference from Feb 13-14th, and FDA Information Days from Feb 13-15th and Feb 14-15th on regulatory topics. The document lists over 30 pharmaceutical events occurring throughout the month of February 2012 in various locations in New Jersey, Pennsylvania, Maryland and New York.
The document summarizes Blue Bird's propane-powered Vision school bus. It utilizes a conventional Type-C school bus chassis powered by propane instead of diesel, providing an affordable and environmentally-friendly alternative fuel option. The propane-powered Vision offers the lowest incremental cost of any large alternative fuel school bus. It has a $12,000 premium over diesel buses and can save up to 57.7% on fuel costs annually depending on mileage and fuel prices. Over 1,300 propane-powered Vision buses have been ordered in 19 states and two Canadian provinces.
Claims-Made Policies May Cover Claims Submitted Outside the Reporting PeriodNationalUnderwriter
Claims-Made Policies May Cover Claims Submitted Outside the Reporting Period.
As a rule, liability insurance policies contain a condition requiring timely notice of a claim against the insured, so that the insurer has an opportunity to adequately investigate and defend the claim. A recurring issue is what happens when notice is not timely. Does the insured lose coverage, automatically, or only when the insurer is prejudiced by the late notice?
The answer can vary depending on what state’s law applies – in Wisconsin, this issue is seemingly answered not as much by policy language or case law but by two different statutes, Wis. Stat. §§ 631.81 and 632.26, each of which expressly states than an insured loses coverage only where the insurer is “prejudiced” by late notice.
A simple diagram depicting talent variation, but aimed at reminding us that we can individually as well as collectively build a bright future regardless of the variations in talents. This depends on dedication, discipline, hard work and focus.
O documento apresenta os resultados do segundo trimestre de 2013 da empresa. Destaca um crescimento de 14,4% na receita líquida e de 21,3% no EBITDA. Apresenta também os investimentos realizados no período, que somaram R$30,5 milhões, um aumento de 94,5% em relação ao ano anterior.
Emergency Mitigation Measures and Repairs, Allegedly Faulty, Doom CoverageNationalUnderwriter
From FC&S Legal: Emergency Mitigation Measures and Repairs, Allegedly Faulty, Doom Coverage.
A federal district court has ruled that an insurer was not obligated to cover claims stemming from allegedly faulty
emergency mitigation measures and repairs made to a roof damaged by Hurricane Isaac.
The Case
Cedar Ridge, LLC, alleged that its Riverlands Shopping Center was damaged by Hurricane Isaac and that it contracted with Roof Technologies, Inc., to perform “emergency mitigation work,” which generally consisted of fastening tarps to Riverlands’ roof. Cedar Ridge then filed a claim with Landmark American Insurance Company and RSUI Indemnity Company (together, “Landmark”), which was denied on the ground that the emergency mitigation work had caused additional damage to Riverlands.
Cedar Ridge sued Landmark, which filed a complaint against Roof Tech, asserting that, “in the event [Landmark was] held liable to plaintiff for any of the claims asserted, third party defendant, Roof Technologies, Inc. [was] liable to [Landmark] for the damage it caused to the property at issue as a result of its defective workmanship and by the improper installation of tarps on the roof following Hurricane Isaac.”
Roof Tech moved for summary judgment.
N.J. Trial Court Applies "Named Storm" Deductible in Superstorm Sandy Case
A New Jersey trial court has ruled that the “Named Storm” deductible applied to an insured’s claim in a Superstorm Sandy case.
The Case:
Wakefern Food Corporation, a buying cooperative of owners/operators of Shoprite and PriceRite supermarkets that purchased commercial property insurance from Lexington Insurance Company, claimed over $50 million in losses from Superstorm Sandy. Lexington paid about $22 million, and Wakefern sued the insurer.
Wakefern asserted that Superstorm Sandy was not a “Named Storm” by definition when it hit New Jersey and its losses had occurred. It asserted that when the storm hit New Jersey at approximately 8:00 p.m. EDT on October 29, 2012, the storm was not declared by the National Weather Service to be a hurricane, typhoon, tropical cyclone, or tropical depression, as its policy defined Named Storm. Wakefern pointed out that as of 5:00 p.m. EDT on October 29, 2012,
the storm already was “expected to transition into a frontal or wintertime low pressure system shortly.” Wakefern
contended that by 7:00 p.m. EDT, the National Weather Service’s National Hurricane Center (“NHC”) had declared the storm a “Post-Tropical Cyclone.” Wakefern argued that a “Post-Tropical Cyclone” was defined in the glossary of NHC terms as its own weather event and that a Post-Tropical Cyclone was a “former tropical cyclone” not a “Hurricane, Typhoon, Tropical Cyclone, Tropical Storm or Tropical Depression.”
Utility's Pre-Sandy Power Shutdown Did Not Cause "Direct Physical Loss" to Un...NationalUnderwriter
A law firm sued its insurer for loss of business income when its power was shut off before Superstorm Sandy. The court denied the claim, finding that without physical damage to the office, there was no "direct physical loss" as required by the policy. However, the court also said that if damage had occurred, the flood exclusion would not apply because the power shutoff was precautionary, not directly caused by flooding.
1) Construction contracts often require subcontractors to provide insurance naming the general contractor as an additional insured. However, determining what qualifies the general contractor for coverage as an additional insured has been an ongoing legal battle. 2) In this case, the New York Court of Appeals ruled that for a general contractor to be covered as an additional insured, the accident or loss does not need to be due to the named subcontractor's negligence, but rather only needs to arise out of the subcontractor's operations. 3) However, in this specific case, the general contractor conceded the subcontractor was not negligent, removing the only possible link between the subcontractor's work and the accident,
Goldberg v. Universal Prop. cas. ins. co. 2020 flaBolinLawGroup
This case involves a dispute over insurance coverage for property damage caused by Hurricane Irma. The plaintiff's condo was insured by the defendant insurance company. After inspecting the property, the insurer paid for damage to the dwelling but denied coverage for personal property, finding no storm-created opening. The plaintiff sued for breach of contract without first submitting a supplemental claim. The trial court granted summary judgment for the insurer, finding the plaintiff failed to submit the required supplemental claim. The appellate court affirmed as to the dwelling but reversed as to personal property, finding the insurer waived the supplemental claim requirement by denying all coverage.
Washington Court Holds Stipulated Covenant Judgment Sets Minimum Amount of Da...NationalUnderwriter
Washington Court Holds Stipulated Covenant Judgment Sets Minimum Amount of Damages in Bad Faith Case. (from FC&S Legal: The Insurance Coverage Law Information Center)
Recently, Division One of the Court of Appeals of Washington State affirmed a jury verdict awarding $13 million in damages to a passenger injured in a car accident, finding that the $4.15 million agreed amount of the covenant
judgment in the insurance bad faith case sets a floor, not a ceiling, on the damages a jury can award.
In Miller v. Kenny and Safeco Ins. Co.,[1] the Court of Appeals ruled on several additional issues on appeal including whether evidence of an insurance company’s loss reserves is properly admissible at trial.
This document provides a summary of a presentation on current trends in construction litigation and insurers' defense and indemnity obligations. The presentation was given by attorneys from the law firm Tharpe & Howell and covered various topics including types of liability policies, insureds and additional insureds, defense obligations, self-insured retentions, indemnity obligations, coverage triggers, endorsements and exclusions, claims handling, and contribution between insurers. The panel discussed recent case law and trends in each of these areas of insurance law as they relate to construction defect litigation.
Nielsen & Treas, LLC is an insurance defense firm in Metairie, Louisiana that successfully represented Allstate Insurance Company in a flooding and foundation damage case from Hurricane Irene in 2011. The Woodsons filed an insurance claim with Allstate under the National Flood Insurance Program for damage to their North Carolina home. Allstate denied part of the claim related to foundation damage, and the Federal Emergency Management Agency agreed. The Woodsons improperly filed suit in state court over a year later, but the flood insurance policy required suit be filed in federal court within one year. On appeal, the court found the one-year statute of limitations had not been met and that the National Flood Insurance Act preempted the bad-faith claim under state law,
Wisconsin Supreme Court: Pollution Exclusion Bars Coverage for Well Contamin...NationalUnderwriter
The Wisconsin Supreme Court ruled that standard pollution exclusions in insurance policies bar coverage for groundwater contamination resulting from the application of manure and septic waste as fertilizers. Specifically, the court found that while manure and septic waste may have beneficial uses as fertilizers, they unambiguously fall under the definition of "pollutants" in the insurance policies once they contaminate water supplies and cause damage. The ruling resolved conflicting lower court decisions on this issue. However, the court noted there may still be limitations to the pollution exclusion depending on the specific circumstances.
It is a power point presentation for fire insurance. It is mostly applicable for Iran's insurance industry but it also covers fire insurance for worldwide purposes.
2019 Insurance Law Series: 2018 Insurance Coverage Case Law Year in ReviewQuarles & Brady
The document provides an overview of notable insurance case law from 2018, including a Supreme Court ruling that limited coverage for negligent supervision claims, a ruling on underinsured motorist notice requirements, and a ruling that classified a large forest fire as a single occurrence rather than multiple occurrences. It also summarizes several Court of Appeals rulings on issues including directors and officers coverage and theft loss coverage.
This summarizes a document reviewing environmental law cases from 2009-2010. It discusses three cases:
1) Fresh Meadow Food Serv., LLC v. RB 175Corp. upheld a RICO claim against a defendant who concealed underground storage tanks and contaminated soil when selling a property.
2) Wickens v. Shell Oil Co. addressed recoverable attorney fees under Indiana's Underground Storage Tank Act.
3) Evansville Greenway & Remediation Trust v. S. Ind. Gas & Elec. Co. concerned the common interest privilege and apportionment of liability under CERCLA. The court applied the privilege to communications between parties working to remediate contaminated sites. It also found CERCLA
The document provides a summary of recent case law updates from the Colorado Supreme Court and Colorado Court of Appeals, as well as announcements from the US District Court of Colorado regarding electronic case filing requirements. Key cases summarized include the Colorado Supreme Court interpreting the term "presently resides" in the Child Custody Act, the Court of Appeals finding that a "road rage" incident did not trigger uninsured motorist coverage, and the 10th Circuit Court of Appeals applying the automatic bankruptcy stay to all appeals involving a debtor. The document also lists the current CDLA directors.
This document provides an overview and analysis of the Supreme Court's 2011 decision in CIGNA Corp. v. Amara and its implications. It summarizes the key holdings of Amara, including that SPDs are not plan documents but equitable remedies like reformation, estoppel, and surcharge are available under ERISA 502(a)(3). It then discusses several post-Amara appellate cases that have addressed issues like reliance, harm, and the scope of available remedies. The document analyzes open legal questions around these issues and cites relevant state trust law principles discussed in Amara.
Because of Evidence of a "Special Relationship" Between Insureds and Their Br...NationalUnderwriter
Because of Evidence of a "Special Relationship" Between Insureds and Their Broker, Insureds' Suit Against Broker Should Not Have Been Dismissed, NY's Highest Court Holds
New York’s highest court, the New York Court of Appeals, has ruled that sufficient evidence of a “special relationship” existed between insureds and their insurance broker such that a negligence lawsuit brought by the insureds against their broker should not have been dismissed at the summary judgment stage.
Recent Rulings and Trends in Decision Making Impacting AllocationRachel Hamilton
ACI is pleased to introduce its Insurance Allocation Summit - the only Allocation Conference that goes the extra mile and brings you the highest level judicial insights and maximum networking opportunities with in-house industry experts.
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NY Appeals Court Finds Ambiguity as to Losses Resulting from Backup or Overflow from Sewers, Drains, or Plumbing Systems
1. The Insurance Coverage Law Information Center
The following article is from National Underwriter’s latest online resource,
FC&S Legal: The Insurance Coverage Law Information Center.
NEW YORK APPEALS COURT FINDS AMBIGUITY AS TO LOSSES
RESULTING FROM BACKUP OR OVERFLOW FROM SEWERS, DRAINS,
OR PLUMBING SYSTEMS
May 20, 2014 Steven A. Meyerowitz, Esq., Director, FC&S Legal
In an issue of apparent first impression in New York, an appellate court has found that an ambiguity existed in an
insurance policy as to losses resulting from a backup and/or overflow from sewers, drains, and/or plumbing systems.
The Case
The plaintiff in this case owned a four building apartment complex that was covered by an insurance policy issued by
Dryden Mutual Insurance Company. While the policy was in effect, two of the buildings sustained substantial water
damage when waste water entered the first floor apartments through, among other things, toilets, bathtubs, and
condensation drains.
The plaintiff filed a property loss notice but Dryden disclaimed coverage on the basis that the loss fell within multiple
exclusions in the policy. The plaintiff thereafter submitted a sworn statement in proof of loss prepared by the plaintiff’s
adjuster, contending that the cause of the loss – specifically, “[a]ccidental [o]verflow/[d]ischarge of a [p]lumbing [s]ystem”
– was covered under the policy; Dryden again disclaimed coverage.
The plaintiff sued for breach of contract and for a declaration that the loss was covered under the terms of the policy.
Following joinder of issue and discovery, the plaintiff moved for partial summary judgment on liability and Dryden
cross-moved for summary judgment dismissing the complaint.
The trial court granted the plaintiff’s motion, finding that water damage exclusions were ambiguous and should be
reconciled so that they applied to a backup that originated off an insured’s property (i.e., in a municipal sewer or drain)
but not to an occurrence originating within the insured’s property (i.e., in a property owner’s plumbing system).
The trial court then declared that the loss was covered under the policy and denied Dryden’s cross motion.
Dryden appealed.
The Policy
The policy’s “Water Damage” exclusion applied to a loss caused by:
water which backs up through sewers or drains.
A second exclusion, also entitled “Water Damage,” provided that there was no coverage:
for loss caused by repeated or continuous discharge, or leakage of liquids or steam from within a plumbing ... system.
This second exclusion also provided (the “coverage provision”) that the policy covered:
loss caused by the accidental leakage, overflow or discharge of liquids or steam from a plumbing ... system.
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2. The Appellate Court’s Decision
The appellate court upheld the trial court’s policy analysis.
In its decision, the appellate court pointed out that the policy did not define the terms sewer, drain, plumbing system,
backup, or overflow. It explained that when the exclusion and coverage provision were read together, an ambiguity
existed in the insurance policy as to losses resulting from a backup and/or overflow from sewers, drains, and/or
plumbing systems. Observing that the resolution of this ambiguity appeared to be an issue of first impression in New
York, the appellate court then upheld the trial court’s analysis – that a plumbing system, as referenced in the coverage
provision, included drains that were on the insured’s property.
In short, the appellate court declared:
water damage caused by a backup/overflow that originates from a pipe or clogged drain located within the insured’s
property line comes from the insured’s plumbing system and is covered by the policy; conversely, if the cause of the
backup/overflow is from outside the insured’s property boundaries—such as a clogged municipal sewer that forces
water from outside the insured’s plumbing system to overflow—the sewer or drain exclusion is applicable.
The case is Pichel v. Dryden Mutual Ins. Co., No. 517551 (N.Y. App.Div. 3d Dep’t May 15, 2014). Attorneys involved include:
Levene Gouldin & Thompson, LLP, Binghamton (Lauren A. Saleeby of counsel), for appellant; Bond, Schoeneck & King,
PLLC, Syracuse (Katie I. Reid of counsel), for respondent.
FC&S Legal Comment
The appellate court’s policy analysis in this case is consistent with decisions in other jurisdictions that have interpreted
the interplay of similar competing provisions. See, e.g., Jackson v. American Mut. Fire Ins. Co., 299 F.Supp. 151 (M.D.N.C.
1968], affd 410 F.2d 395 (4th Cir. 1969); Cheetham v. Southern Oak Ins. Co., 114 So. 3d 257 (Fla. 2013), review denied 129
So. 3d 1069 (2013); Kozlowski v. Penn Mut. Ins. Co., 295 Pa Super 141 [1982]; Haines v. United Sec. Ins. Co., 43 Colo. App.
276 (1979); Hallsted v. Blue Mtn. Convalescent Ctr., Inc., 23 Wash. App. 349 (1979), review denied 92 Wash.2d 1023 (1979).
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