Insurance Coverage & Liability
Beware of Time Limits for Homeowners to Sue Their Insurance Carriers
Posted in Insurance Coverage & Liability
Most homeowner’s policies issued in New Jersey contain statutes of limitation for filing a lawsuit against an insurance carrier where the homeowner (insured), disagrees with the insurance carrier’s claim payment amount, or refusal to make any payment on a claim. In a recent unpublished United States District Court opinion, Turkmany… Continue reading
How Can the Community Association Collect From Insurance Policies Insuring the Sponsor, General Contractor, Subcontractors, and Design Professionals?
Posted in Community Associations, Insurance Coverage & Liability
Liability insurance policies insuring sponsors, general contractors, subcontractors, and design professionals are confusing and loaded with complex terminology that make them difficult to understand. Yet, it is these policies that hold the key to the ability of a community association to recover damages from design and construction deficiencies. Rather than… Continue reading
Dealing with the Unexpected: Filing an Insurance Claim
Posted in Insurance Coverage & Liability, Litigating Claims
It’s that moment that no homeowner wants to have. You just returned from vacation and were in the midst of stowing the suitcases under the house in your crawlspace. As you were exiting the crawlspace, something caught your eye—a wet spot on the concrete slab floor. It wasn’t a puddle,… Continue reading
How You Can Mitigate Construction Disputes with Contractors
Posted in Insurance Coverage & Liability, Litigating Claims
Having construction work or renovations done on your home is certainly an exciting, but undoubtedly stressful time. In fact, the process from selecting a suitable (and experienced) contractor to completion of the project can be downright daunting at times. As a homeowner myself, who coincidentally is going through this very… Continue reading
Insurers of General Contractors Can No Longer Hide Behind Business Risk in Refusing to Defend Their Insureds in Construction Defect Litigation
Posted in Case Studies, Community Associations, Insurance Coverage & Liability, Litigating Claims
Generally speaking, a contractor’s commercial general liability (“CGL”) policy is designed to cover personal injury or property damage caused by an accident resulting from the contractor’s work. The policy is not meant to be a guarantee of the contractor’s work and therefore does not cover damages to the work itself… Continue reading
Ambiguities in Insurance Policies Must be Interpreted in Favor of the Insured
Posted in Insurance Coverage & Liability
It is no secret that insurance policies are famous for containing convoluted language. The average insured likely has no clue what is and is not covered. Little solace can be found in referring to the conspicuous “Definitions” section; ultimately no more than a trap to trick unsuspecting policyholders into believing… Continue reading
Declaratory Judgment Actions: Combating the Coverage Denial Letter
Posted in Insurance Coverage & Liability
Suffering a first party insurance loss or facing a lawsuit from a third party can be two of the most difficult and unsettling experiences for an individual or business. To add to the turmoil, being told by the insurance company that there is no coverage for the claim can be enough to turn that bad situation into an unbearable one. The daunting prospect of being forced to navigate the financial or legal landscape alone is overwhelming. On top of that, finding out that the money you spent on insurance premiums does not provide the necessary coverage when it is needed most is like adding insult to injury. Rest assured, there may still be hope. Continue reading
When Can An Action for Nuisance Be Brought Against a Public Entity?
Posted in Insurance Coverage & Liability, Legislation, News, Water Damage
An action for nuisance may be brought against a public entity unhampered by the TCA. Private nuisance is but one possible theory for recovery of damages caused by the invasion of one’s interest in the private use and enjoyment of land. That interest may be invaded by more than one… Continue reading
