Here’s a fairly frequent scenario in the insurance world. The carrier takes a “no- pay” position on a liability claim. The policyholder settles the case and then seeks reimbursement from the carrier in a coverage suit. What exactly does the policyholder have to prove in order to get paid?
In Fireman’s Fund v. Security Ins.
The late, great comedian Alan King used to tell a story that went like this: “The other day, my house caught fire. My lawyer said, ‘Shouldn’t be a problem. What kind of coverage do you have?’ I said, ‘Fire and theft.’ The lawyer frowned. ‘Uh oh. Wrong kind. Should be fire OR theft.’”
Recently, a…
It’s amazing how, when the economy tanked, construction defects began to multiply exponentially. I’m not (necessarily) trying to ascribe purely financial motives to the plaintiffs in these cases, but there’s no doubt that, at my firm at least, we’ve seen a marked increase in the amount of coverage litigation over construction defects.
So, what’s the…