Newsletter
SUBCONTRACTOR’S DUTY TO DEFEND DEVELOPER, GENERAL CONTRACTOR IN ‘NONINSURANCE’ CLAIMS
§ S100.01:1 In general Parties to a contract, including a construction contract may define their duties toward one another in the event of a THIRD PARTY CLAIM against one or both arising out of their relationship. Terms of this kind may require one party to indemnify the other, under specified circumstances, for monies paid
DIRECTORS AND OFFICERS LIABILITY POLICY; INSURER ALLOCATION AND REIMBURSEMENT PROVISIONS ARE CONTRARY TO PUBLIC POLICY IN CALIFORNIA
§ D49:3.1. Insurer provision for cost of defense and settlement The NIC Insurance Company DIRECTORS AND OFFICERS LIABILITY INSURANCE POLICY recently made available to the public contains the following provisions for cost of defense and settlements. A. The insureds shall not incur cost of defense, or admit liability, offer to
CALIFORNIA INSURANCE CLAIMS HANDLING AND TACTICS
In general The insurance company resolves claims under its policies by ‘adjustment of losses’. See § A30 ADJUSTMENT OF LOSSES. The ‘adjustment of losses’ are performed by either (1) an unlicensed adjuster who is an employee of the insurer [§ A28 ADJUSTER] or (2) by an independent adjuster who must be licensed [§ I23
Concurrent causation relating to CGL policies; 2009 Supreme Court Opinion
In general: Third party liability policies; concurrent causation The insured under a third party liability policy has the burden of proving a covered act or event was a substantial cause of the injury or property damage for which the insured is liable, and this burden extends to showing the causal
FAULTY WORKMANSHIP
§ F16:1. In general Contractors general liability policies contain an exclusion stating that the policy’s do not apply: “to that particular part of any property, not on premises owned by or rented to the insured … (iii) the restoration, repair or replacement of which has been made or is
CHANGE IN LAW; EFFECT OF
11th Nov 2010 In general An insured may be sued by a third party claimant at a time when the law created a potential of liability under the policy. See § P67 POTENTIAL LIABILITY UNDER THE POLICY—DUTY TO DEFEND. The insured tenders to the insurer who agrees to defend the insured under a
CALCULATION OF BUSINESS INTERRUPTION
Gross income Policies define ‘gross income’ in varying ways in order to arrive at the business’s ‘net sales’ which would have been earned during the interrupted period. An exemplar definition is set forth in Baxter Intern., Inc. v. American Guarantee and Liability Ins. Co., 369 Ill. App. 3d 700, 308 Ill.
MULTIPLE INSUREDS; CRIMINAL ACT OF ONE INSURED MAY NOT EXCLUDE COVERAGE FOR A CO-INSURED; SEVERABILITY CLAUSE
The Problem Liability policy coverage provisions promise to defend and indemnify, within policy limits, ‘an’ insured for personal injury or property damage arising from a covered ‘occurrence’. Such policies however specifically exclude coverage for injury that is ‘expected or intended’ by ‘an’ insured, or was the foreseeable result of ‘an’ insured’s
INSURANCE LAW AND THE “GEORGE COURT” FROM 1996 – 2010 CHIEF JUSTICE RONALD GEORGE RETIRES
Chief Justice Ronald George was appointed by Governor Pete Wilson to succeed Chief Justice Malcolm Lucas in mid-1996. From an outsider’s perspective, which is the perspective of the author, based upon a review of professional articles written, Chief Justice George’s legacy will be linked to the management of the court