D&O Insurance: Consent Judgment Including Covenant Not to Execute Constitutes ‘Loss’

By | The D&O Diary | September 25, 2016
D&O Insurance: Consent Judgment Including Covenant Not to Execute Constitutes ‘Loss’

In order to try to resolve litigation pending against them, policyholders sometimes enter a settlement in which they agree to the entry of a consent judgment against them and to the assignment to the claimants of their rights under their insurance policy, subject to the claimants’ agreement not to execute the judgment against them.

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FountainCourt

By | National Insurance Law Forum | September 23, 2016
FountainCourt

The Oregon Supreme Court held yesterday that an insurer may be liable for a full jury award for property damages against its insured if the insurer fails to refute the insured’s factual position that it was impossible to determine what portion of the damage occurred during the policy period, if some damage took place during the policy period.

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Florida District Court Decision On “Your Work” Exclusion in CGL Policy is at Odds with Law of Numerous Jurisdictions

Florida District Court Decision On “Your Work” Exclusion in CGL Policy is at Odds with Law of Numerous Jurisdictions

In Essex Insurance Co. v. DiMucci Development Corp. of Ponce Inlet Inc., U.S. District Judge Roy B. Dalton Jr. recently held that Evanston Insurance Company has no duty to defend a builder in a lawsuit alleging construction defects at one of its Florida condominium complexes based on an exclusion in the policy for damage to the developer’s own work.

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Court Decision On “Your Work” Exclusion in a CGL Policy is a Head Scratcher

By | Condominium Insurance Law | September 23, 2016
Court Decision On “Your Work” Exclusion in a CGL Policy is a Head Scratcher

In Essex Insurance Co. v. DiMucci Development Corp. of Ponce Inlet Inc., U.S. District Judge Roy B. Dalton Jr. recently held that Evanston Insurance Company has no duty to defend a builder in a lawsuit alleging construction defects at one of its Florida condominium complexes based on an exclusion in the policy for damage to the developer’s own work.

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