Year: 2022

TENTH CIRCUIT COURT OF APPEALS FINDS THAT INSURANCE POLICY’S APPRAISAL CLAUSE ALLOWS CAUSATION DETERMINATIONS by Jordan R. Plitt

In BonBeck Parker, LLC v. Travelers Indemnity Co. of America, 14 F.4th 1169 (10th Circ. 2021) the Court held that the Travelers’ policy permitted either party to request an appraisal on “the amount of loss,” which was a phrase with an ordinary meaning in the insurance...

CALIFORNIA COURT OF APPEALS REFUSES TO EXPAND THE TRIGGER FOR WHEN “CUMIS” COUNSEL IS REQUIRED UNDER CALIFORNIA CIVIL CODE §2860 by Jordan R. Plitt

Under California Civil Code §2860 (hereafter, “§2860”), insureds have a right to obtain independent counsel at the insurer’s expense whenever there are competing interests that create an ethical conflict for the insurer-appointed counsel. Since enactment, the...

CO-EMPLOYEE EXCLUSION APPLIES TO EXECUTIVE OFFICERS

In Savoie v. Enco Insulations, Inc., 322 S.3d 1264 (La. App. 1st Cir. 4/9/21), the Court found that a CGL policy issued to an engineering corporation excluded coverage for executive officers for claims arising from a former employee’s lung cancer that developed after...

UNLICENSED PUBLIC ADJUSTER IS BARRED RECOVERY

Recently, the Iowa Supreme Court held that a repair contractor who was acting as an unlicensed public adjuster was barred from obtaining compensation from the homeowner’s property insurer. In 33 Carpenters Construction, Inc. v. State Farm Life and Casualty, 939 N.W.2d...

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