The Insurance & Reinsurance Report
Your Timely Insurance and Reinsurance Analysis of Legal and Regulatory Developments and News.
O&E Growers, Inc. v. Selective Ins. Co. of America
U.S. Ct. of App. (2nd Circuit, June 1, 2009)
Insurance policy’s two year statute of limitation period barred claim brought six years after the loss, not from the date of jury verdict.
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By Sharon Angelino
https://www.goldbergsegalla.com/attorneys/Angelino.html…
Continue ReadingPreferred Mutual Ins. Co. v. New York Fire-Shield, Inc.
N.Y.A.D. (3d Dept., June 4, 2009)
Manufacturer was aware its fire-retardant spray was used on a product worm by two Marines when they suffered severe burns, but failed to provide notice to its insurer for two years. The appellate court found issues of fact existed regarding insured’s reasonable belief in non-liability and should be resolved by a jury.
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By Kimberly E. Whistler and Joseph A.Olivia
https://www.goldbergsegalla.com/attorneys/Oliva.html
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Continue ReadingPaul Revere Life Ins. Co. v. Cahn
U.S. Ct. of App. (2nd Circuit, June 2, 2009)
The participant’s willful failure to provide insurer relevant information related to the first-party benefits claim breached the policy conditions, justifying the insurer’s disclaimer.
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By Daniel W. Gerber and Kimberly Whistler
https://www.goldbergsegalla.com/attorneys/Gerber.html
https://www.goldbergsegalla.com/attorneys/Whistler.html…
Continue ReadingEveryone is going green. The problem is who will pay for failures to meet complaince with new green building standards? The authors examine the potential scenarios that may arise and the potential for insurance coverage related issues.
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By Daniel W. Gerber and Brian R. Biggie
https://www.goldbergsegalla.com/attorneys/Gerber.html
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Continue ReadingAs claims mount and federal and state agencies have begun a quest to determine who is responsible for the Chinese drywall fiasco, insurance disputes regarding coverage for the claims are beginning to make their way through the courts. In March 2009, the first complaint regarding homeowner’s insurance for drywall claims was filed. Two Florida policyholders sued their homeowners’ insurer, seeking coverage for property damage resulting from Chinese drywall in their home. See Baker v. American Home Assurance Company, filed in the United States …
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