Can a state legislature force an insurer to cover a loss / risk where it is either not covered by the plain terms of the policy’s coverage provisions, or excluded by the policy’s exclusions and/or endorsements without violating the prohibition found in the United States Constitution against impairment of the obligations of contracts? Article I, [...]
Can State Legislature’s “Impair” the Obligations and Rights of Insurance Contracts to Force Insurers to Cover Losses to Commercial Enterprises Under Commercial Insurance Policies Due to COVID19?
Post on Contract Clause and State Legislation to Force Insurers to Cover Losses Under Commercial Insurance Policies due to COVID19 Pandemic
Court of Appeals Rules Disagreement Over the Terms of Settlement Contract Not an Ambiguity Over What Terms Actually Mean
This is an interesting, if not unsurprising, case in which the Court of Appeals affirmed a trial court's finding concerning what the terms of a settlement contract were in a dispute over their meaning. The plaintiff and the defendant's insured entered into a settlement agreement in which the plaintiff repaid the insurer an amount to [...]