Macdonald Allen | WeirFoulds LLP | June 13, 2016 An Appellate Review of Insurance and Indemnity Clauses in a Commercial Lease In an article from January 2015, we cautioned landlords and tenants to pay particular attention to the interplay of insurance and indemnity clauses in a commercial lease as a result of the Superior Court… Continue reading Premises Damaged by Fire? Don’t be left holding the Bag
Month: June 2016
The Use of Drones in the Construction Industry: Are You Prepared?
Elaine D. Solomon | Blank Rome LLP | June 2016 Aviation and Construction Action Item: Anyone in the construction industry who is using drones in their business (or allowing contractors to use drones on their property) must be aware of the applicable laws and regulations, and should also check on insurance coverage for such operations… Continue reading The Use of Drones in the Construction Industry: Are You Prepared?
Government Claims Against Contractors and Developers Subject to Statute of Repose Filing Deadlines, Arizona Court of Appeals Rules
J. Gregory Cahill | Dickinson Wright | May 2016 In a matter of first impression, the Arizona Court of Appeals recently ruled that government claims against contractors and developers are subject to the time limits set forth in the Construction Statute of Repose. The Construction Statute of Repose (CSR) statute prevents contract-based claims regarding the… Continue reading Government Claims Against Contractors and Developers Subject to Statute of Repose Filing Deadlines, Arizona Court of Appeals Rules
Contract Indemnity and Duty to Defend vs. Insurance Duty to Defend
Stan Martin | Commonsense Construction Law LLC | June 10, 2016 A New Hampshire court has issued a thoughtful decision on the duty to defend arising from an indemnity obligation in a design contract. The court distinguished between the duty to defend often invoked for insurance coverage, from a duty to defend expressed in a… Continue reading Contract Indemnity and Duty to Defend vs. Insurance Duty to Defend
Unanimous Washington Supreme Court: No Coverage for Water Damage to Vacant Building
Melissa O’Loughlin White | Cozen O’Connor | June 14, 2016 The Washington Supreme Court, often described as pro-policyholder, issued a unanimous decision in favor of an insurance company on June 9, 2016: Lui v. Essex Insurance Company, No. 91777-9 (Wash., Jun. 9, 2016). Addressing a first-party property claim, the court rejected the policyholder’s arguments that… Continue reading Unanimous Washington Supreme Court: No Coverage for Water Damage to Vacant Building