Can an indemnification clause in a commercial lease obligate a tenant's insurer to defend a landlord? Recently, the United States District Court for the Northern District of New York said, "Yes!" On August 9, 2022, the district court issued a decision in ConMed Corp. vs. Federal Insurance Company, holding that the indemnification clause in a policyholder's lease triggered the insurer's duty to defend the landlord in an action arising out of the tenant's negligence.
For over a decade, the CLM Construction Conference has been the largest gathering of insurance and litigation professionals serving the claims industry. Each year, it brings together hundreds of risk managers, claim managers, attorneys, and builders from across the country.
Most states have some version of an Unfair Claim Settlement Practices Act (UCSPA), which is intended to prohibit insurers from engaging in unfair claims settlement practices. While the UCSPA is based off a model act, there are differences from state to state. For example, New Jersey's UCSPA does not allow a private cause of action against an insurer - instead, the Commissioner of Banking and Insurance retains sole enforcement authority under the UCSPA.
This CLE course will provide counsel for construction companies with guidance on the use of additional insured requirements in contracts and their role in passing insurance obligations through to subcontractors and suppliers.
In the case of Wolf v. Life Insurance Company of North America, 2022 WL 3652966, (9th Cir. August 25, 2022), the Ninth Circuit Court of Appeals affirmed the determination of the district court agreeing that the tragic death of a young man was an "accident" as defined under an accidental death and dismemberment (AD&D) policy.
The December 2021 First Department decision in Nouveau Elevator Indus. v. New York Marine & General Ins. Co. is pushing some buttons in the elevator industry, given the significant implications it may have on the adequacy of policy limits for elevator service companies operating in New York state.
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