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Hot Issues in Construction Defects Insurance Coverage

A March 4, plenary session at the ICLC annual meeting was devoted to hot issues in construction defects insurance coverage. These include: (1) issues arising out of the Chinese drywall problem-some drywall manufactured in China emit sulfur fumes associated with respiratory and sinus problems in some...

Lorelie S. Masters and Jerold Oshinsky on “Is ‘Fair’ Fair?: ‘All Sums’ and the Allocation of Deductibles”

Much has been written on the issue of allocating an insured's liability across policy limits under general liability insurance policies. The article "Is 'Fair' Fair?: 'All Sums' and the Allocation of Deductibles," by Lorelie S. Masters and Jerold Oshinsky, appearing in the...

California Appellate Court Rejects Insurer’s Attempt to Apply Multiple Self-Insured Retentions To a Single Lawsuit

By Erica Villanueva, Associate, Farella Braun + Martel In Clarendon America Insurance Company v. North American Capacity Insurance Company , E048176, 4th Dist. Ct. App. (Super. Ct. No. CIVRS701868), a new California Court of Appeal decision, the Fourth Appellate District has rejected an insurer’s...

New Developments in Chinese Drywall Claims -- Summer 2010

By Ellen Clarke and Sallie Kraus The pace of litigation in the Chinese drywall ("CDW") claims has escalated in recent months. It is alleged that the gypsum that was used to manufacture that drywall came from particular Chinese mines and became contaminated with other potentially dangerous...

Chinese Drywall Cases And Their Impact On Carriers In Settling Multiple Claims In Good Faith In Certain State Courts

By R. Steven Rawls and Ryan K. Hilton Mealey's Litigation Report: Insurance Bad Faith I. Introduction Many insurers that issued liability policies to homebuilders in the southeast United States are receiving an influx of Chinese-drywall claims. Between 2004 and 2007, an estimated 100,000 homes...

Blogs from the ILC Advisory Board: Richards v. Sequoia Insurance Co.: Liability Insurer Not Obliged to Compensate Insureds for Defending Themselves While Insurer Is Considering Whether To Provide Defense

By William T. Barker, Partner, SNR Denton In Richards v. Sequoia Insurance Co. ,[1] insured attorneys, who were instructed to arrange for their own defense pending Sequoia's coverage decision, retained counsel on the basis that the insureds would do most of the investigation, legal research,...

Linsurance Coverage: The Issue That Everyone Is Talking About – “Use of an Auto” Exclusion the Most Popular Issue of the Year

Randy J. Maniloff, White and Williams, LLP I own a car. And there is little doubt in my mind about when I'm using it. I get in. Put my drink in the cup holder. Turn around and marvel at the number of Cheerios in the car seat. Turn the key. Put on the radio. And, voila, off I go. But, apparently...

Who’s On First – The Selective Tender Rule

By Barry Zalma, Attorney and Consultant The Illinois Court of Appeal was asked to resolve a dispute between the Illinois School District Agency (ISDA), a provider of commercial general liability insurance and St. Charles Community Unit School District 303 (District) concerning a series of lawsuits...