Waiver of Subrogation Enforced, Denying Insurance Company Recovery against Contractor it Alleged was Grossly Negligent

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In an insurance case arising out a church fire, a state supreme court held that Reliance National, and other insurance carriers of the church, were not entitled to subrogate against the contractor whose employee allegedly caused the fire, because a waiver of subrogation in the church’s contract with the contractor was enforceable to bar the [...]

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Punitive Damage Award Against Insurance Company Reversed by Supreme Court as Excessive

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When State Farm Insurance refused a proposed settlement for the amount of its policy limit for a law suit arising out of an automobile accident, the matter went to trial and a jury returned a verdict against State Farm’s insured in the amount of three times the policy limit. State Farm paid the entire judgment [...]

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When Does a Notice from Client Become a Claim that Must be Reported to Insurance Carrier?

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ConstructionRisk.com Report Vol. #12, Issue #2

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Where a project developer sued its engineer that was responsible for the site and grading plan, the engineer’s carrier refused to defend the suit because it asserted the engineer had not provided notice of the claim within the time permitted for reporting under the policy. The developer wrote a letter to the engineer in March [...]

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