International Risk Management Institute, Inc. recently published an article written by Greg Podolak, with the assistance of Celia Waters on Additional Insured Coverage and Auto Insurance. Auto insurance can play a vital role as an insurance recovery asset to an upstream party, therefore properly navigating coverage on a downstream party's auto policy is important.
Determining the scope of discovery can be challenging, particularly when an insurance bad faith claim is involved. Courts often face the difficult decision of weighing the importance of preserving attorney-client privilege with the public policy rationale of protecting an insured against their insurer's bad faith behavior. The Supreme Court of South Carolina recently recognized this dilemma by rejecting a hardline approach to bad faith discovery disputes and adopting a case-by-case analysis.
Posted on Tuesday, August 6, 2019A recent Illinois Appellate Court’s decision in, Acuity Ins. Co. v. 950 West Huron Condominium Owners Association, 2019 IL App (1st) 180743 (2019), strengthens Illinois’ pre ...
In honor of Shark Week, that annual television-event where we eagerly flip on the Discovery Channel to get our fix of these magnificent (and terrifying!) creatures, I was inspired to write about ...
Policyholders in Puerto Rico should be aware of significant benefits provided by recent amendments to the Insurance Code. New rules establish an expedited method of property insurance dispute re ...
For those contractors and other parties enrolled in wrap-up insurance programs, one nagging issue frustrating risk transfer has been the Designated Operations Wrap-Up Exclusion found on many contractors' programs.
On June 24, 2019, the Colorado Supreme Court ruled that the plain language of appraisal provisions in insurance policies, requiring “impartial appraisers,” direct
appraisers ...
The California Supreme Court recently accepted a certified question from the Ninth Circuit regarding coverage for claims arising under the Telephone Consumer Protection Act ("TCPA"). The Court will determine whether a commercial general liability ("CGL") policy's modified personal and advertising injury coverage clause includes claims based on the insured's sending of unsolicited text messages that do not reveal private information.
Posted on Tuesday, June 25, 2019On April 4, 2019, the Appellate Division of the New Jersey Superior Court confirmed that the waiver of subrogation provision in a commonly used form construction contract, American Institute of Architects (AIA) form A201 -- 2007 General Conditions of the Contract for Construction, precluded an insurer's claims against a subcontractor.
Tennessee's Supreme Court recently held that an insurer may not withhold repair labor costs as depreciation when the policy definition of actual cash value is found to be ambiguous. Tennessee joins other states like California and Vermont that prohibit the depreciation of repair labor costs in property policies.
Gregory D. Podolak
