Recently, the South Carolina Court of Appeals in Precision Walls, Inc. v. Liberty Mutual Fire Ins. Co., 410 S.C. 175, 763 S.E.2d 598 (Ct. App. 2014), reh’g denied (Oct. 23, 2014), held that the cost to tear down and re-build …
The Arkansas Legislature enacted ARK. CODE ANN. § 23-79-155 in 2011. This statute provides in relevant part CGL policies are required to contain a definition of “occurrence” that included “[p]roperty damage … resulting from faulty workmanship.” § 23-79-155(a)(2). Recently, the …
In Florida, insureds can bring civil lawsuits against insurance companies when the insured is damaged by the insurance company’s not attempting to settle claims in good faith when all of the circumstances indicate the insurer could and should have done …
Insureds who settle a claim with the tortfeasor’s liability insurer for less than the stated limit of the policy may not satisfy the exhaustion requirement for recovering UIM benefits (or UM benefits where the policy defines a UM vehicle in …
There is a wide divergence of authority regarding the enforceability of family member step -down clauses in automobile liability policies. Automobile liability step down clauses reduce coverage for bodily injury to family members from the stated policy coverage reflected on …
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, …
The word “use” in an automobile liability insurance policy is generally given a broad, general and comprehensive meaning that results in broad coverage. The word “use” includes “loading and unloading” of the motor vehicle. The determination of whether an injury …
An interesting case recently came before the California Court of Appeals involving an insured’s uninsured motorist (UM) demand for policy limits and the insurer’s response demanding arbitration. In Maslo v. Ameriprise Auto & Home Ins., 227 Cal.App.4th 626 (2nd Dist. …
Texas law recognizes that an insurer’s reservation of rights can create a potential conflict of interest. Northern County Mut. Ins. Co. v. Davalos, 140 S.W.3d 685 (Tex. 2004). Although there is a potential for conflict in this situation, the assertion …
The known loss doctrine is a common-law concept deriving from the fundamental requirement in insurance law that the loss be fortuitous. General Housewares Corp. v. National Surety Corp., 741 N.E.2d 408, 416 (Ind. Ct. App. 2000) (citing Pittston Co., Ultramar …