Liability in surety bond claims for extracontractual allegations

Article Abstract:

State courts and legislatures have not developed a unified treatment of the extracontractual liability of sureties in suretyship contracts. This is primarily due to disagreement on the issue of whether a suretyship contract is analogous to an insurance contract. Some states believe an analogy exists but then disagree as to the resultant cause of action, damages, and standing to sue. Some of these states impose a duty of good faith and fair dealing on surety relationships, while others provide legislative causes of action.

Surety Insurance, Suretyship and guaranty, Guarantees, Sureties, Surety bonds

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Toxic mold: do insurers have a duty to warn policyholders or others of the potential health risks?

Article Abstract:

Toxic molds can cause health problems when present in buildings. The author examines the issue of the duty of property and casualty insurance companies to warn policyholders when the company knows of the presence of toxic mold at a site.

United States, Property and casualty insurance industry, Failure to warn (Law)

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Mold and pollution: when is a contaminant not a contaminant?

Article Abstract:

Courts have been divided over whether mold is a pollutant that would trigger a property insurance exception. Since some toxic molds are contaminants in all situations, they should be considered pollution for this purpose.

Legal issues & crime, Government regulation (cont), Government regulation, Legal/Government Regulation, Pollution, Insurance policy exclusions

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