Kevin Mapes | The Policyholder Report | August 10, 2016 The Washington Court of Appeals recently issued an unpublished opinion that should serve as a warning to policyholders pursuing coverage in Washington. On its surface, The Port of Longview v. Arrowood Indemnity Co. (Aug. 2, 2016) was a significant win for the insured. The appellate… Continue reading In Washington, Late Notice may not Preclude Coverage, but it could Cost you your Fee Claim
Month: August 2016
Is 30 Days Enough Time to Fully Arbitrate and Issue an Award for a Claim on a Partial Parking Garage Collapse? Federal Court Says Let the Arbitrator Decide
Brendan Carter | The Dispute Revolver | August 12, 2016 The plaintiff in Tribal Casino Gaming Enterprise v. W.G. Yates & Sons Construction Company et al entered into a contract for the expansion of an existing facility at Harrah’s Cherokee Casino in Cherokee, North Carolina with defendants in April of 2008. The project included the construction… Continue reading Is 30 Days Enough Time to Fully Arbitrate and Issue an Award for a Claim on a Partial Parking Garage Collapse? Federal Court Says Let the Arbitrator Decide
Testing Your Mettle What you Need to Know about Court Rulings on Cosmetic Hail Damage to Metal Roofs
Justin Kestner and Kevin J. Kennedy | Claims Management | July 21, 2016 Imagine this scenario: You are a claims professional who arrives at a building to evaluate whether or not there is hail damage to a metal roof. After gaining access to the roof, you observe a few shallow dimples in some of the… Continue reading Testing Your Mettle What you Need to Know about Court Rulings on Cosmetic Hail Damage to Metal Roofs
The Use of Mediation for Construction Accidents
Ronald Sherr | The Legal Intelligencer | August 12, 2016 The percentage of plaintiffs’ verdicts in Philadelphia Common Pleas Courts has decreased dramatically in 2015. It is most noticeable in construction cases. Construction cases are complex, costly and tough to win in jury trials. They usually involve multiple defendants in different disciplines and require expert… Continue reading The Use of Mediation for Construction Accidents
Materials “Considered” by Construction Expert Are Off Limits
Katharine Kohm | The Dispute Resolver | August 18, 2016 The Rhode Island Supreme Court, in Cashman Equipment Corporation, Inc. v. Cardi Corporation, Inc. interpreted Rule 26 of the R.I. Superior Court Rules of Civil Procedure to hold that the Plaintiff subcontractor could not discover all materials that the Defendant general contractor’s testifying expert considered when formulating his opinions.… Continue reading Materials “Considered” by Construction Expert Are Off Limits