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Recent Posts
- Do you have Insurance for Construction Equipment Damaged at a Project Site?
- Question of Fact whether Water Loss Occurred During the First 14 Days of Leak
- Design Professional’s Contractual Duty to Defend Obligation
- Don’t Let YOUR Property Insurer Argue Untimely Notice Prejudiced Its Rights
- Insured Responsible for Paying Deductible when Insurer Elects Right to Repair
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- Do you have Insurance for Construction Equipment Damaged at a Project Site?
- Question of Fact whether Water Loss Occurred During the First 14 Days of Leak
- Design Professional’s Contractual Duty to Defend Obligation
- Don’t Let YOUR Property Insurer Argue Untimely Notice Prejudiced Its Rights
- Insured Responsible for Paying Deductible when Insurer Elects Right to Repair
- Insurer’s Claim File Not Discoverable in Insurance Coverage Dispute
- Liability Insurer’s Duty to Defend Triggered by Allegations in Complaint
- Expert Opinions in Insurance Coverage Disputes
- Insurer’s Payment AFTER Expiration of 60-Day Cure Period from Civil Remedy Notice can Trigger Bad Faith
- Injured Parties Must Comply with Florida’s Nonjoinder Statute
- Repeated Seepage of Water Over Period of 14 Days or More
- An Insured should be Cautious when Receiving an Insurer’s Proposal for Settlement
- If You are a Contractor that Subcontracts Work, You WANT the Subcontractor Exception to the “Your Work” Exclusion
- Presentation on BAD FAITH when Dealing with Property Insurance Claims
- Insured should Consider Proposal for Settlement / Offer of Judgment from Insurer
- Insurer’s Denial of Coverage Means it Cannot Require You to Comply with Post-Loss Policy Conditions
- An Insured’s Noncompliance with Conditions Precedent Must be Pled Specifically
- Exclusions Bar Coverage even in Automobile Liability Insurance Policies
- Contingency Fee Risk Multiplier in Insurance Coverage Disputes
- Maybe NOW is the Time to Consider Business Interruption / Income Insurance
- Seven Practical Tips Dealing with Hurricane Property Damage
- Unintended Consequences of Florida’s Claims Administration Statute
- Insurer Cannot Argue “Compliance with Conditions Precedent” if It Denied Coverage
- Is Insurance Coverage Fully Contradicted by an Exclusion or Limitation?
- Perfecting a Statutory Bad Faith Claim
- Insurer’s Initial Duty – The Duty to Defend Insured
- Salient Points when it Comes to the Interpretation of Insurance Policies
- Professional Services Exclusion under Executive and Organization Liability Policy
- Cyber Liability Insurance for the Construction Industry
- Don’t Let Your Insurer Argue Lack of Notice or Lack of Cooperation
- Insurer’s Duty to Defend Extends to Additional Insured
- Prior Acts Exclusion and Directors & Officers Liability Policy
- Civil Remedy Notice – First Step to Preserving Bad Faith Claim
- Florida’s Nonjoinder Statute Not Designed to Allow You to Put the Cart Before the Horse
- It’s About Maximizing Insurance Coverage…
- Work with an Attorney that Understands the Ins and Outs of Insurance Coverage
- Design Professionals Must Consider Cyber Security Insurance
- Directors & Officers (D&O) Liability Policies for Board Officers and Directors
- Joining a Liability Insurer to a Judgment Against the Insured
- Builder’s Risk Policies and the Contractor’s Tools Exclusion
- Complying with Pre-Suit Post-Loss Obligations in Property Insurance Policy is Question of Fact
- Take the Time to Understand the Significance of Primary and Noncontributory Language
- As a Claimant, what do You do if the Insured’s Liability Carrier Declines to Defend / Cover the Insured?
- Marring Exclusion in Homeowner’s Property Insurance Policies
- Replacement Cost Property Insurance Policies
- Bad Faith Claim regarding Insurer Failing to Settle Claims in Good Faith
- Prior to Filing a Bad Faith Action against a First-Party Insurance Carrier…
- Good News as an Insured under All-Risk Property Insurance Policy
- Don’t be Afraid to Ask Questions about Your Construction Insurance
- There is NO Value Misrepresenting Material Facts in Insurance Application
- Builder’s Risk Insurance is a First-Party Policy
- Tendering the Defense of Lawsuit as Additional Insured
- Application of “Entrustment Exclusion” in Commercial Property Insurance Policy
- Prevailing Insured Recovering Reasonable Trial Court and Appellate Court Fees
- Insured Needs to Understand Rights when Receiving Reservation of Rights Letter
- State of Limbo as to Whether Insurer has Duty to Defend Insured-Contractor during Florida Statutes Chapter 558 Process
- Triggering Exception to Exclusion for Purposes of Property Insurance Coverage
- Does Your Builder’s Risk Policy Provide You the Coverage You Need?
- Post-Loss Insurance Claims are Assignable
- Confirm the Accuracy of Information Included in the Insurance Application to Avoid Rescission
- Plaintiff Joining Defendant-Insured’s Liability Insurer to Judgment
- Do You Believe Your Insurance Agent or Broker Failed to Procure Insurance Coverage?
- Experts are Important in All Cases–Even Insurance Coverage Cases
- Note on Bad Faith Insurance Claims
- D&O Policies and “Insured vs. Insured” Exclusion
- Whether a Liability Insurer Engaged in “Bad-Faith” is Typically a Question of Fact
- What Happens when Insurer Unjustifiably Refuses to Defend Insured
- Trial Issue: Avoid Inflammatory Comments in Suit Against Insurer
- Fact-Finder to Apply Efficient Proximate Cause Doctrine with Multiple Perils with First Party Property Insurance Policy
- CGL Policies and the Subcontractor Exception to the “Your Work” Exclusion
- Separation of Insureds provision in CGL Policy
- Attorney’s Fees in Underlying Construction Defect Action Recoverable Against CGL Insurer
- “Pollutants” are Excluded from Coverage in CGL Policy
- Insurance Coverage is Complicated
- Construction Defects and the Careful Drafting of the Lawsuit (Complaint)
- Make Sure Damages that Form the Basis of Your Coblentz Agreement are Covered Damages and Reasonable
- The “Other Insurance” Provision in CGL Policies
- Recovering Attorney’s Fees in Action Against Insurer
- Builder’s Risk Soft Cost Endorsement
- Property Insurance and the Efficient Proximate Cause Doctrine
- You cannot Join Liability Insurer into Your Lawsuit
- Workers Compensation Immunity Applies to “Contractors”
- How About that “Reservation of Rights” Letter
- Workers Compensation Insurance on Construction Projects
- Understanding the (j)(5) and (j)(6) Exclusions in Your CGL Policy
- Insurer Bears Burden to Demonstrate Exclusion in Policy Applies
- Filing Lawsuit for Declaratory Relief in Insurance Coverage Dispute
- Proving Resulting Damage from a Construction Defect Covered Under CGL Policy
- An Insurer Pursuing Subrogation in a Third-Party Lawsuit
- Be Truthful when Applying for Insurance / During the Underwriting Process
- CGL Insurance and “Property Damage” Claims (Triggering of Occurrence)
- What is the Contractual Liability Exclusion in CGL Policies?
- “Loss Runs,” “Primary and Noncontributory,” Waiver of Subrogation:” What does all of this Mean?
- Notify the Insurer of Claims and Lawsuits — There is No Value Not Doing So
- Builder’s Risk Insurance (for During Construction) and Waiver of Subrogation
- More on “What is a Coblentz Agreement?”
- Note on Subcontractor Default Insurance (“SDI”)
- Make Sure the Subcontractor Exception to the “Your Work” Exclusion was Not Eliminated from Your CGL Policy
- Don’t Let Your Insurer Argue Forfeiture of Insurance Coverage
- CGL Policies Contain Exclusion for Pollutants; Perhaps You Need Pollution Liability Insurance
- Professional Liability Policies are Claims Made Policies
- Additional Insured Status for Claims Arising out of the Negligence of the Primary Insured
- Additional Insured for Ongoing Operations and Completed Operations
- The Manifestation Theory and Injury-in-Fact Theory to Trigger an Occurrence under a CGL Policy
- What is a Coblentz Settlement Agreement when an Insurer Denies a Defense to Its Insured?
- Remember to Notify Your CGL Insurer of a Construction Defect Claim and Lawsuit
- Triggering the CGL Insurer’s Duty to Defend
- Don’t Fully Rely on the Certificate of Insurance; It Does Not Create Insurance Coverage
- Anti-Concurrent Cause Language in an Exclusion in Your Property Insurance Policy
- Is there Coverage Under My Property Insurance Policy if a Covered Risk and Excluded Risk Contribute to My Loss / Damage?
- The “Your Product” Exclusion in CGL Policies Excluding Damage to an Insured’s Product
- Suing a CGL Insurer when You are Not the Primary Insured
- Subrogation and Waiver of Subrogation
- Additional Insured Status is an Important Part of Construction Risk Management
- Applicability of the j(5) and j(6) Exclusions in CGL Policy when Construction Defect / Damage Occurs During Construction
- Know the Post-Loss Conditions / Obligations in Your Insurance Policy
- Property Insurance & Ensuing Loss Exception
Category Archives: Professional Liability
Design Professional’s Contractual Duty to Defend Obligation
Design professionals are oftentimes reluctant to contractually agree to defend their client (e.g., the owner) from claims arising from their negligence. The reason for this is typically twofold: (1) their professional liability policy does not permit the owner to be … Continue reading
Posted in Professional Liability
Tagged contractual defense protection, design professional, design professional duty to defend, duty to defend, professional liability
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Cyber Liability Insurance for the Construction Industry
If you have read the news at any point in time this year, then you are somewhat familiar with cyber attacks. You know they are for real. You know they cause damage. You know they cause grave inconvenience. And, you … Continue reading
Posted in Professional Liability
Tagged cyber insurance, cyber liability insurance, cyber security insurance
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Design Professionals Must Consider Cyber Security Insurance
A relatively new insurance product catered to design professionals is cyber security insurance. While this insurance product is applicable to any professional that relies heavily on digital data and technology, it is becoming a vital product for design professionals. The … Continue reading
Posted in Professional Liability
Tagged cyber insurance, cyber security insurance, design professional
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You cannot Join Liability Insurer into Your Lawsuit
I have been damaged. Can I sue the party that caused the damage (the insured) and its liability insurance carrier? No! Florida’s non-joinder statute prevents a damaged party from suing a liability insurer (the damaged party is not insured under) … Continue reading
Posted in automobile liability, CGL, Professional Liability
Tagged automobile liability, insurance non-joinder, insurer joinder, liability insurance, non-joinder
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How About that “Reservation of Rights” Letter
Sometimes, when a liability insurer disputes coverage or is uncertain coverage applies, it will provide a defense to its insured under a “reservation of rights.” The insurer is reserving its rights to later deny coverage (as well as a continued … Continue reading
Posted in automobile liability, CGL, Professional Liability
Tagged liability insurance, reservation of rights
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Insurer Bears Burden to Demonstrate Exclusion in Policy Applies
Okay; you are in an insurance coverage dispute. Who bears the burden of proof when the insurer relies on an exclusion in the policy to deny or limit coverage? The insurer bears this burden! The insurer must demonstrate that an … Continue reading
Posted in automobile liability, CGL, Professional Liability
Tagged exclusion, exclusion burden, insurance coverage, insurer burden, policy exclusion
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Professional Liability Policies are Claims Made Policies
Professional liability policies are claims made policies. Architects and engineers have professional liability policies a/k/a errors and omissions policies. With a claims made policy, the claim (or error and omission or wrongful act) must be reported to the insurer within … Continue reading
Posted in Professional Liability
Tagged CGL, claims made, errors and omissions, extended reporting period, occurrence, occurrence policy, professional liability, retroactive date, tail coverage
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