Category Archives: Uncategorized

Don’t Let YOUR Property Insurer Argue Untimely Notice Prejudiced Its Rights

Remember, if you sustain a property loss due to a casualty, notify your property insurer.  Don’t remediate the damage and then after-the-fact notify your insurer.  If you do, the insurer will claim the lack of timely notice prejudiced its rights … Continue reading

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Insured Responsible for Paying Deductible when Insurer Elects Right to Repair

There are property (homeowner) insurance policies that contain right to repair clauses.  These right to repair clauses give the insurer the option to repair the loss with its preferred contractor.  Some insurers even have a captive restoration contractor that serves … Continue reading

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Liability Insurer’s Duty to Defend Triggered by Allegations in Complaint

A liability insurer’s duty to defend its insured is triggered by the allegations in the complaint.  You probably already know this from reading a number of other articles on an insurer’s duty to defend.  A recent federal district court opinion … Continue reading

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If You are a Contractor that Subcontracts Work, You WANT the Subcontractor Exception to the “Your Work” Exclusion

As a contractor you need to appreciate the “your work” exclusion in your CGL policy.  It is an exclusion that will absolutely come into play if there is a latent construction defect claim asserted against you.  You also need to … Continue reading

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Professional Services Exclusion under Executive and Organization Liability Policy

I have previously written about directors and officers liability policies. An analogous-type of policy is an executive and organization liability policy.   An executive an organization liability policy was discussed by the Eleventh circuit in Stettin v. National Union Fire Ins. … Continue reading

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Prior Acts Exclusion and Directors & Officers Liability Policy

I have discussed that corporations that have a board of directors typically maintain a liability insurance policy known as a Directors and Officers liability policy (“D&O” policy). The policy is designed to defend and indemnify the board (and company) for … Continue reading

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It’s About Maximizing Insurance Coverage…

In an earlier posting, I discussed the benefit of working with an an attorney that understands the ins and outs of insurance coverage.   I want to add more to this sentiment because it is that important. Make sure your … Continue reading

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Work with an Attorney that Understands the Ins and Outs of Insurance Coverage

Navigating the depths of insurance coverage is complex. Too many times insureds try to do it themselves not realizing the potential disadvantage they are at. There are also too many practitioners that truly do not understand the ins and outs of … Continue reading

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Insurance Coverage is Complicated

Understanding insurance coverage is not an easy feat:     Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.

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