In this judgment considered here and here the policy under consideration included an Extension which deleted the previous Perils Excluded wording and replaced it with:
“All costs rendered necessary by defects of material workmanship, design, plan or specification and should damage (which for the purposes of this exclusion shall include any patent detrimental change in
In this judgment, discussed in part 1 here the insurer in rejecting the claim argued that the insured property had to be altered, not merely defectively constructed, in order to constitute “physical loss” or “damage”.
The insurer argued that the insured property was not altered because the honeycombed concrete components were defective from the time
This blog was co-authored by Thabo Kolele, Candidate Attorney.
Passing off occurs where an individual or a business misrepresents someone else’s goods or services in order to try and pass them off as being those of their own. Passing off is a common law remedy which seeks to protect businesses from unfair competition. The act
In November 2023 a Michigan Court of Appeals denied coverage to a ride-hailing driver whose rented vehicle was rear-ended whilst carrying a passenger for reward because the Under-Insured Motorist (“UIM”) benefits under the insurer’s policy excluded benefits for bodily injury sustained by any person when using “any vehicle that is owned by or available for
The LMA3100 sanctions clause is now a familiar clause found in many policies. It reads:
No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such
In November 2023 a Michigan Court of Appeals rejected a fire claim by a marijuana growing operation, under a commercial property insurance policy against fire and other hazards, because the policy unambiguously required an automatic extinguishing system described in the policy as including sprinklers and discharge nozzles and related equipment.
The policy included a Protective
In this appeal judgment, the court dealt with an insurance claim in which the insured’s motor vehicle was written off in a collision.
The insured claimed damages in his summons based on the market-related value of the vehicle. The issue on appeal was whether the insured had produced evidence that supported his pleaded case
Every insurer needs to read the research summary ‘Cyber Risk Accumulation: Fully tackling the insurability challenge’ issued by The Geneva Association in November 2023. Even though prudent insurance companies underwrite cyber risk with tightly-defined contract wordings, limited risk-absorbing capacity and requirements for risk management by the insured, this is not enough having regard to the
The insurer and the insured had entered into releases “in settlement of a claim”. The court found that the agreement was not necessarily a settlement or compromise agreement as opposed to simply an agreement to pay an insurance claim.
There is a distinction between settlement of a claim and settlement of a dispute. The settlement
In a dispute between insurer and insured relating to a fire claim, the insured sought claims preparation costs in the form of professional fees relating to fees charged by their lawyers for pursuing claims under the policy. The court held that the only sensible construction of the clause in the policy insuring claims preparation costs