Conor Shankman | Bernstein Shur Sawyer & Nelson PA | December 29, 2015 Can a statute of limitations start to run in a construction case before substantial completion? In a case from late November, the Minnesota Supreme Court answered the question in the affirmative. For those who may not know, statutes of limitations are time… Continue reading Minnesota Supreme Court Concludes Accrual Date of Claim Was Before End of Construction
Month: January 2016
To Stay or Not to Stay … That Is the Question
Jeffrey Michael Cohen | Carlton Fields | December 23, 2015 In the insurance arena, courts are often confronted with simultaneous lawsuits involving the same, or almost the same, parties. In the “underlying case” a claimant seeks damages from an insured defendant. Simultaneously, the insured, the insurer, and often the damage case’s claimant, are litigating a… Continue reading To Stay or Not to Stay … That Is the Question
Texas Rule Change: Supreme Court Holds Loss of Use Damages Are Recoverable Where Property Total Loss
William Craven and Gregory Hudson | Cozen O’Connor | January 15, 2016 In J & D Towing, LLC v. American Alternative Insurance Corporation, No. 14-0574, 2016 WL 91201 (Tex. Jan. 8, 2016), the Texas Supreme Court considered J & D Towing, LLC’s (“J & D”) claim for loss of use damages under its underinsured motorist… Continue reading Texas Rule Change: Supreme Court Holds Loss of Use Damages Are Recoverable Where Property Total Loss
No more Free Passes on Deposition Conduct
Randy Evans, Shari L. Klevens, and Alanna Clair | Dentons | January 13, 2016 In litigation, depositions can be a valuable way to obtain evidence and learn the facts of the case in preparation for trial. In addition, in limited circumstances, deposition testimony may be used at trial in lieu of a live witness. Courts… Continue reading No more Free Passes on Deposition Conduct
Don’t Let Insurers Use Attorney-Client Privilege to Shield Claims Handling Documents
James R. Murray, Jared Zola and Omid Safa | Dickstein Shapiro LLP | January 13, 2016 Upon receiving an insurance claim from its policyholder, an insurer is obligated to promptly and reasonably investigate, adjust, and determine whether to pay a claim. Those are fundamental aspects of an insurer’s business that arise with respect to every… Continue reading Don’t Let Insurers Use Attorney-Client Privilege to Shield Claims Handling Documents