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Insurance Law Update
Fall 2008 - Vol. 2, Issue 3 |
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 Greetings,
As the summer came to a close, all eyes were on the Olympics in Beijing. Each athletic competition reminded us of the virtues of hard work and dedication. At Halloran & Sage, we understand that applying these principles in the legal world results in exceptional service to our clients. On that note, we hope that you find this edition of Occam's Razor to be informative and beneficial to your insurance law needs.
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| In This Issue |
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Does the Vandalism Exclusion Include Loss Caused by Arson?
Subcontractor's Insurance Company has a Duty to Defend and Indemnify a General Contractor as an Additional Insured
Reinsurance: Stale Billings May Be Uncollectible Due to the Operation of the Applicable Statute of Limitations |
| Meet Our
Insurance Law Group |
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| Does the Vandalism Exclusion Include Loss Caused by Arson? |
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Whether the "vandalism" exclusion includes losses caused by arson depends upon the jurisdiction in which the loss occurred - the proverbial "split of authority." However, lately, it appears that courts are moving toward a majority view that losses caused by arson are a form of vandalism.
Click here to read the entire article. |
| Subcontractor's Insurance Company has a Duty to Defend and Indemnify a General Contractor as an Additional Insured |
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In Royal Indemnity Co. v. Terra Firma, Inc., 287 Conn. 183, 947 A.2d 913 (2008), the Connecticut Supreme Court affirmed the trial court's decision granting a motion for summary judgment in favor of Konover Construction Corporation in a declaratory judgment action. In that action, the plaintiff, Royal Indemnity Company ("Royal") sought a determination that it had no duty to defend and indemnify Konover Construction Corporation ("Konover") as an additional insured under the insurance contract it issued to Terra Firma, Inc. ("Terra Firma").
Click here to read the entire article. |
| Reinsurance: Stale Billings May Be Uncollectible Due to the Operation of the Applicable Statute of Limitations |
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 In our last issue of Occam's Razor, we discussed how important communication between cedents and reinsurers is to prompt payment of outstanding balances. Two recent cases highlight the importance of a timely decision to initiate formal dispute resolution proceedings. In both cases, the cedent settled with its insured during 1999 and sent its final billings to its reinsurers arising from that settlement in December 1999. The reinsurance contracts provided that the reinsurers were to pay billings "promptly" following receipt of a proof of loss.
Click here to read the entire article. |
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News & Notes |
- Connecticut Supreme Court Holds That Trial Court's Failure to Charge Jury on Late Notice Defense Was Reversible Error: Halloran & Sage's Insurance Coverage Group recently obtained a major success in the case of National Publishing v. Hartford Fire Insurance Co., 287 Conn. 664, 949 A.2d 1203 (2008). read more
- Favorable Ruling in Umbrella Coverage Case: Halloran & Sage's Insurance Coverage Group obtained a favorable summary judgment ruling in federal district court that the umbrella coverage part of a policy that was issued by Patriot General Insurance Company did not provide liability coverage in connection with an automobile-motorcycle accident. read more
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