Construction Project Documentation: Explaining Business Records Exception to the Rule Against Hearsay

Wendy Wendrowski | International Law Office | January 30, 2017 Introduction Given the critical role of written documentation in resolving construction claims – whether inside or outside of the courtroom – it is essential that companies adequately train the individuals who create written documentation. Depending on experience and training, the average worker on the project… Continue reading Construction Project Documentation: Explaining Business Records Exception to the Rule Against Hearsay

Subcontractor Exception to “Your Work” Exclusion Does Not Apply to Coverage Under Subcontractor’s Policy

Tred R. Eyerly | Insurance Law Hawaii | January 25, 2017 The Arizona Court of Appeals overturned the trial court’s determination that the general contractor was entitled to coverage under the subcontractor’s exception to the “Your Work” exclusion. Double AA Builders v. Preferred Contrs. Ins. Co., 2016 Ariz. App. LEXIS 294 (Ariz. Ct. App. Dec.… Continue reading Subcontractor Exception to “Your Work” Exclusion Does Not Apply to Coverage Under Subcontractor’s Policy

District of Connecticut Reaffirms That Definition Of “Collapse” Is Unambiguous

Timothy Larsen | Property Insurance Coverage Insights | January 25, 2017 The United States District Court for the District of Connecticut recently reaffirmed its ruling that the term “collapse,” as defined by a homeowners insurance policy, is unambiguous and that the policy in question did not provide coverage for the alleged “cracking” and/or “bulging” of… Continue reading District of Connecticut Reaffirms That Definition Of “Collapse” Is Unambiguous

No “Occurrence” Found Where Contractor Intentionally Performed Defective Work With The Hope It Would Not Cause Property Damage

Steven R. Inouye and George P. Soares | Gordon & Rees LLP | January 20, 2017 The California Court of Appeal, Fourth Appellate District, affirmed in part and reversed in part an order awarding an insurance company its $1 million policy limits used to settle a construction defect claim on behalf of an insured general… Continue reading No “Occurrence” Found Where Contractor Intentionally Performed Defective Work With The Hope It Would Not Cause Property Damage

Moving Toward an Objective and Reversible Definition of Insurance Bad Faith

Burke A. Christensen | CLM Magazine | December 15, 2016 Should applicants for an insurance policy or those who file a claim for policy benefits be required to tell the truth? Should insurance companies be required to honestly and fairly investigate applicants and claimants? The answer to both questions should be equally, “yes.” For insurance… Continue reading Moving Toward an Objective and Reversible Definition of Insurance Bad Faith

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