Barry Zalma | Zalma on Insurance | February 5, 2016 When the Supreme Court of the state of Georgia decided State Farm Mutual Automobile Insurance Co. v. Mabry, 274 Ga. 498, 556 S.E.2d 114 (Ga. 11/28/2001) it opened the door to litigation against insurers who determined actual cash value losses by determining full replacement cost… Continue reading Claim of Future Injury Not Basis For Declaratory Relief
Month: February 2016
When Indemnitor Is Off the Hook For Contractual Indemnity
Jill Berkeley | Policyholder Insurance Law Blog | February 3, 2016 Contractual indemnification clauses are among the most overused and misunderstood rights that parties argue over and negotiate for. Although nothing in Illinois law prohibits parties from specifically contracting to provide for indemnity in non-construction related contracts, “[i]t is quite generally held that an indemnity… Continue reading When Indemnitor Is Off the Hook For Contractual Indemnity
Do I Have to Pay My Adversary’s Experts to Depose Them?
Jason Cieri | Property Insurance Coverage Law Blog | February 9, 2016 A recent decision by a Massachusetts District Court addressed an important issue: When is a witness not entitled to expert fees at deposition?1 Ingrid Kiley owned a home in Brookfield, Massachusetts. During the winter of 2013-2014, the pipes in the dwelling burst causing… Continue reading Do I Have to Pay My Adversary’s Experts to Depose Them?
Making the Best of a Bad Situation: Where and How Contractors Can Find Insurance Coverage for Civil Violations of the False Claims Act
Ronald G. Robey and Scott C. Turner | Smith Currie & Hancock | February 4, 2016 A. Introduction The False Claims Act (FCA) makes it unlawful to present a “false or fraudulent” claim for government reimbursement. A claim can be “factually” false because, for example, a contractor did not… Continue reading Making the Best of a Bad Situation: Where and How Contractors Can Find Insurance Coverage for Civil Violations of the False Claims Act
Oral Waiver Insufficient to Defeat Contractor’s Liability for Building Code Violation
Daniel Sonneborn | PretiFlaherty | February 5, 2016 The Massachusetts Appeals Court, in Downey, et al. v. Chutehall Construction Co., Ltd., 88 Mass. App. Ct. 795 (January 6, 2016), recently held that an oral waiver of compliance with the building code by a homeowner does not preclude the contractor’s liability for the violation, particularly where… Continue reading Oral Waiver Insufficient to Defeat Contractor’s Liability for Building Code Violation