Blog: The Other Bad Faith
By Paul A. Rose on July 19, 2018
A policyholder may successfully assert a bad faith claim against its insurer, even in regard to a policy claim that is determined ultimately not to be covered, if the insurer commits bad faith in its handling of the claim. In other words, there are two types of bad faith—bad faith denial and bad faith claim handling, and the latter type is actionable regardless of whether the policy claim is covered....
Blog: NY Court of Appeals Interpretation of "Additional Insured-By Written Contract" Provisions
on June 28, 2018
Recently, in Gilbane Building Co./TDX Construction Corp. v. St. Paul Fire and Marine Ins. Co., et al., the New York Court of Appeals affirmed that an insurer was not obligated to defend and indemnify construction managers as additional insureds where the policy at issue specifically limited coverage to entities with whom the primary insured had contracted in writing to add to the policy....
Blog: Business Dispute Allegations do not Trigger EPL Coverage
on June 7, 2018
Employment Practices Liability ("EPL") Insurance is designed to protect businesses from losses associated with employment claims brought by employees and former employees. While policies vary in terms of what is covered, typically EPL insurance covers employers and its employees against claims of harassment, discrimination and wrongful termination based upon protected class status as well as defamation, invasion of privacy, false imprisonment, negligent supervision and other common law claims arising out of the employment relationship....
Additional Insured Coverage When Your Subcontractor's Employee Is Injured
on April 17, 2018
In the construction industry, higher-tier contractors (such as general contractors) frequently require their subcontractors to name them as additional insureds on the subcontractor's liability insurance policies. When an employee of the subcontractor is injured on the job, the employee may bring a claim against the general contractor for failure to supervise the worksite or similar claims. Whether the employee's bodily injury claim against the general contractor is covered by the subcontractor's general liability policy will be predicated in large part on the specific form of the Employers Liability Exclusion found in the subcontractor's policy. Additional insureds usually argue that such an exclusion applies only to bar coverage for the actual employer of the injured employee (i.e. the named insured-subcontractor), particularly where the policy contains a separation of insureds provision. Insurers, however, contend that the exclusion should preclude coverage for all insureds (including the additional insureds)....
Pre-Suit Notice of Construction Defect Claims Constitutes a Suit
on March 1, 2018
Insurers and policyholders continue to debate the age-old question vital to the determination of insurance coverage – what triggers the insurer's duty to defend? States are complicating this question by enacting various statutes that provide individuals avenues to remedy disputes and claims outside of, or prior to filing a traditional suit or civil procedure. These statutes have created confusion and disagreements between the insurers and policyholders. Courts are now trying to help insurers' clarify their obligations under their policies with respect to these statutes....
This Blog is intended to provide information generally and to identify general legal requirements. It is not intended as a form of, or as a substitute for legal advice. Such advice should always come from in-house or retained counsel. Moreover, if this Blog in any way seems to contradict advice of counsel, counsel's opinion should control over anything written herein. No attorney client relationship is created or implied by this Blog. © 2023 Brouse McDowell. All rights reserved.
