When I started in this business (yikes, a long time ago), we used to argue with insurance companies a lot about scintillating issues like whether environmental cleanup costs constituted “damages” under CGL policies, and whether “sudden” meant “abrupt” for purposes of the pollution exclusion. In fact, many coverage lawyers have sent their kids to college
Allocation
Fire insurance, coinsurance and apportionment of loss
By Gene Killian on
The terrible fire in Seaside Heights last week got me to thinking about some of the vagaries of fire insurance. (As an aside, the people along the Jersey Shore absolutely can’t catch a break.)
The contents of fire insurance policies are heavily regulated by statute. An interesting case recently came up in the Second Circuit…
Potential pitfalls in settling with insurance companies
By Gene Killian on
Here’s an interesting situation that recently came up. A general contractor (Aristone) got sued in a construction defect case involving continuous water damage to a building over several policy periods, involving several insurance companies. One of Aristone’s carriers – OneBeacon – stepped up to provide a defense. Another – Pennsylvania Manufacturers – took a “no…