Posted In:
Construction Contracting & Disputes, Insurance Recovery and Real Estate
Industry:
Construction
Coverage Counselor and RE&C In Review: Fortuity: Defining the Cost of Doing Business
By William A. Peseski on May 23, 2023
In 2012, the Ohio Supreme Court in Westfield Ins. Co. v. Custom Agri Sys., Inc., first defined the "fortuity doctrine," building upon the Court's previous definition of "accidental" within the context of CGL insurance policies—i.e., something "unexpected, as well as unintended."...
Posted In: Insurance Recovery
Coverage Counselor: Russia's Invasion of Ukraine: Its Impact on the Insurance Industry
on May 5, 2022
The impact of Russia's invasion of Ukraine is being seen and felt across the world. The invasion has affected almost every industry and sector and continues to strain an already burdened supply chain....
Posted In: Insurance Recovery and Litigation
Insurance Blog: Reimburse Your Insurer? Look to the Recent Decision by the Nevada Supreme Court
on May 6, 2021
The Nevada Supreme Court recently found, under certain circumstances, an insurance company can obtain reimbursement of defense costs from its policyholder if it was later determined no coverage was afforded – even when the insurance policy does not allow for such recoupment....
Posted In: Insurance Recovery
Insurance Blog: COVID Coverage Cases Turn On Policy Language
on January 28, 2021
Recent decisions out of the U.S. District Court for the Northern District of Ohio demonstrate the complicated and evolving legal landscape both in Ohio and nationally regarding whether COVID-19 related losses are covered under commercial insurance policies. The central question in these cases is whether COVID-19 and/or the various governmental orders related to COVID-19 constitute direct physical loss or damage to insured property....
Posted In: Insurance Recovery
Insurance Blog: Ohio Supreme Court Answers What "Those Sums" Means in an "All Sums" World
on April 23, 2020
The answer? It depends. Insurers and policyholders have disputed the scope of coverage owed by insurers where multiple policies are triggered by continuous, progressive injuries for quite some time. Ohio, of course, is an "all sums" state, which applies the rule that insurers are jointly and severally liable for "all sums"....
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