Richard G. Erickson – Snell & Wilmer – September 5, 2014
Month: September 2014
Declaratory Judgment Entered Against Architect’s Insurer Finding that Design Flaws were Unrelated and Subject to Separate Liability Limits
Donald A. O’Brien – Hinshaw & Culbertson LLP – September 3, 2014 Dormitory Authority of the State of New York v. Continental Casualty Company, Docket Nos. 13-1671(L), 13-1700(XAP) United States Court of Appeals, Second Circuit (June 23, 2014) The Dormitory Authority of the State of New York (DASNY) contracted with an architectural firm to design… Continue reading Declaratory Judgment Entered Against Architect’s Insurer Finding that Design Flaws were Unrelated and Subject to Separate Liability Limits
Arizona Supreme Court Rules for Lenders in Mechanic’s Lien Priority Dispute
Edward A. Salanga – Quarles & Brady LLP – September 3, 2014 In The Weitz Company LLC v. Heth, No. CV-13-0378-PR (Ariz. Sup. Ct., Aug. 26, 2014), the Arizona Supreme Court reversed the Court of Appeals, holding that lenders can once again rely upon the doctrine of equitable subrogation in mechanic’s lien priority disputes with contractors.… Continue reading Arizona Supreme Court Rules for Lenders in Mechanic’s Lien Priority Dispute
Predictive Coding and Litigating Force Majeure Clauses in Construction Contracts
Drew Lewis, Esq. – Recommind – August 29, 2014 Construction lawyers understand the importance of a comprehensive force majeure clause. But in an increasingly tumultuous world where extraordinary events are difficult to predict, where can litigators find the evidence to support (or refute) claims of impossibility or impracticability? Increasingly, the answer is in their client’s… Continue reading Predictive Coding and Litigating Force Majeure Clauses in Construction Contracts
In Florida, an Appraisal Award May Be a Final Determination of Liability For a Bad Faith Case
Shaun Marker – August 30, 2014 On several occasions the following insurance industry argument has been addressed on this blog: the insurance company argues that since a claim proceeded to the contractual alternative dispute resolution process of appraisal and that it paid the award amount, there cannot be a bad faith case brought against it… Continue reading In Florida, an Appraisal Award May Be a Final Determination of Liability For a Bad Faith Case