Eugene J. Heady – March 4, 2013 Bob, the Project Executive, had made up his mind. “I’m rolling the dice and taking the electrical subcontractor’s claim to trial!” Bob exclaimed. “We all know that contractors are gamblers. Right?” Bob asked. “I’m going to take my chances. It’s in my DNA,” Bob added. “How do you… Continue reading Don’t Roll the Dice! Use Decision Tree Analysis when Calculating your BATNA
Month: March 2013
What Constitutes a Total Loss in Montana?
Kenneth Kan – March 5, 2013 Last week, I wrote about the standard used in determining a total loss in Washington. This week, I focus on Montana, Washington’s neighbor to the east. Montana has a “valued policy” statute similar to that of about 20 other states. The statute provides: “Whenever any policy of insurance shall… Continue reading What Constitutes a Total Loss in Montana?
Want Coverage for Construction Related Damage? You Need an Occurrence
Christopher G. Hill – February 25, 2013 In reading the title to this post, you are likely thinking “Duh, of course you do, if nothing “occurs” then there is nothing to cover!” (or something to that effect). While this seems an obvious conclusion, we’re talking the world of law, construction and insurance coverage where nothing… Continue reading Want Coverage for Construction Related Damage? You Need an Occurrence
Montana Court Addresses Business Risk Exclusions
Brian Margolies – February 12, 2013 In its recent decision in Lukes v. Mid-Continent Cas. Co., 2013 U.S. Dist. LEXIS 17979 (D. Mont. Feb. 11, 2013), the United States District Court for the District of Montana had occasion to consider the application of the business risk exclusions, in particular exclusions j(5) and (6), to allegations… Continue reading Montana Court Addresses Business Risk Exclusions
Update on Coverage for Colorado Construction Defects – TCD & Colorado Pool
Christopher R. Mosley, Katherine Dawson Varholak, Jerome H. Sturhahn, Brooke Yates and Melissa Kerin Reagan – February 25, 2013 Over the past few years, we have monitored the efforts of some in the insurance industry to deny coverage for construction defect claims brought by construction professionals. These insurers’ assault on construction professionals began with the… Continue reading Update on Coverage for Colorado Construction Defects – TCD & Colorado Pool