Selected litigation issues implicating additional insured endorsements

Article Abstract:

Disputes over additional insured endorsement clauses in business policies can be mitigated by well-drafted policies and intercompany contracts clarifying responsibilities for liabilities. Additional insureds may be covered for minimal or no additional premiums which causes insurers to seek narrow judicial interpretations when disputes arise. Courts have not been consistent or uniform in their either narrow or broad constructions of such clauses.

Endorsements (Law)

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Discrimination claims: must the insurer defend or indemnify its insured?

Article Abstract:

Public policy supports refusal by insurers to defend or indemnify property owners who are involved in discrimination cases. Case law shows that the courts do not hold insurers responsible for alleged discrimination. This follows from the prohibition of insured parties deriving insurance coverage for losses due to discrimination. A rise is expected in housing discrimination suits due to Fair Housing Act amendments.

Analysis, Tort liability, Housing discrimination, Tort liability of insurance companies, Insurance companies

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Effective utilization of alternative dispute resolution in catastrophe settings

Article Abstract:

Alternative dispute resolution offers cost-saving methods for insurers to settle claims arising from catastrophes. The first step should be an appraisal, in which a third party values damages. Should the insured remain unsatisfied, insurers should attempt to settle the matter through arbitration or mediation. This often requires a binding arbitration agreement in the original policy, however.

Management, Insurance industry, Negotiation, mediation and arbitration, Property and casualty insurance, Dispute resolution (Law), Disasters, states

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