George Keys – September 14, 2012 More than halfway through hurricane season, communities in Florida and along the Gulf Coast are still picking up the pieces after Hurricane Isaac. As devastating as a tropical system like Isaac can be, today’s storm-tracking advances at least enable residents to see the storm and its potential track days… Continue reading Emergency Plans are Important Year-Round
Month: October 2012
200 Million Reasons Why Waivers of Subrogation Matter
David P. Hattery – October 2, 2012 When negotiating contracts with a client, sometimes their eyes roll when we come to the section on insurance, particularly that awkward phrase, “waiver of subrogation.” What is subrogation and what does it mean to waive it? Simply put, subrogation is the right of a party, typically an insurance company, to… Continue reading 200 Million Reasons Why Waivers of Subrogation Matter
Based on “Other Insurance” Clause, D&O Insurer has no Duty to Defend Suit Covered by General Liability Policy
Wiley Rein LLP – September 11, 2012 The U.S. District Court for the Southern District of New York has held that a directors and officers liability (D&O) insurer had no duty to defend an underlying lawsuit—and thus no duty to share in defense costs with a general liability insurer—where the D&O policy at issue contained… Continue reading Based on “Other Insurance” Clause, D&O Insurer has no Duty to Defend Suit Covered by General Liability Policy
Arbitration Clause Enforcement
Joseph J. Dinardo – October 5, 2012 Construction professionals across the country should be aware that courts will go to great lengths to enforce arbitration provisions whenever possible. This trend is due in part to the fact that the dockets of many courts are now more crowded than ever and judges seek for ways to… Continue reading Arbitration Clause Enforcement
Dispute Resolution Provisions in Construction Contracts
Antony L. Sanacory – October 2, 2012 Claims and disputes are common In the construction industry – projects are unpredictable and problems can occur for any number of reasons (e.g., poor weather and site conditions, material cost increases, design changes and delays, the owner’s decision to cancel the project, or any combination of these and… Continue reading Dispute Resolution Provisions in Construction Contracts