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September 1, 2014 |
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Recent Decisions and Expert Insights from Barry Zalma
Welcome to The Monday Claims Report. This edition of the Monday Report is designed specifically for paid [subscribers] to the [Zalma Library, including buyers of the Construction Defects Coverage Guide, Insurance Claims Coverage Guide, Mold Claims Coverage Guide, and Insurance Law]. |
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| Construction Defects |
Words of Policy Do Not Apply Unless Insurer is Prejudiced
June 23, 2014
The Supreme Court of Texas was asked to resolve an insurance coverage dispute arising from the fact that homes built with an exterior insulation and finish system ("EIFS") suffer serious water damage that worsens over time in Lennar Corp. v. Markel American Insurance Co., 11-0394 (Tex. 2013). Read More |
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| Insurance Claims |
Is Percholorate a Pollutant
June 30, 2014
In Chubb Custom Insurance Co. v. Standard Fusee Corp., 49A02-1301-PL-91 (Ind.App. 2014), the Indiana Appellate Court considers whether the pollution exclusion of the CGL operates as a total exclusion and whether Percholorate (an unanticipated environmental risk) is a pollutant. Read More |
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| Mold Claims |
The Asbestos Exclusion
July 7, 2014
In Phillips v. Parmelee, 2011AP2608 (Wis. 2013), the Supreme Court of Wisconsin considers whether the asbestos exclusion in an American Family Businessowners Policy issued to the Parmalee’s precluded coverage for the losses claimed by the Phillips. Read More |
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| Insurance Law |
The Scope of Insurance Binders
July 8, 2014
In Georgia Farm Bureau Mut. Insurance Co. v. T & G Enterprises, Inc., A13A1566 (Ga.App. 2013), the Georgia Court of Appeals considers whether the theft exclusion could be relied upon to deny coverage where it was part of an endorsement that was not included in the insurance binder (a promise to issue a policy under particular terms and conditions). Read More |
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| About Barry Zalma |
| Barry Zalma, Esq., CFE, has practiced law in California for more than 40 years as an insurance coverage and claims handling lawyer. He now limits his practice to service as an insurance consultant and expert witness specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally, for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. Contact Barry Zalma at: http://www.zalma.com. |
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| Contact Us |
As always, your comments and questions are welcome.
Contact us at:
XXXX Department
Phone: 800-543-0874
Fax: 859-692-2293
Email: eXXXX@nuco.com |
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