Summer L. Frederick | Zelle LLP | March 17, 2017 The first-party insurance claims process has always been pretty simple for the typical insured: call the agent to report a claim, identify and quantify the claimed damage, work cooperatively with the insurance adjuster to support the claimed damage, and hire contractors to repair the damage.… Continue reading Insureds Cannot Shift Burden to Indentify Claimed Damage
Month: March 2017
Call Me Maybe? . . . Don’t Waive Your Rights Under the Right to Repair Act’s Prelitigation Procedures
Garret Murai | California Construction Law Blog | March 20, 2017 We’ve written before about the Right to Repair Act (Civil Code Sections 895 et seq.). The Act, also commonly known as SB 800 after the bill that established it, applies to newly constructed residential units including single-family homes and condominiums (but not condominium conversions) sold… Continue reading Call Me Maybe? . . . Don’t Waive Your Rights Under the Right to Repair Act’s Prelitigation Procedures
Construction Liens in Florida – The Timing and Manner of Perfection are Critical
Christopher A. Staine | Shumaker Loop & Kendrick | March 17, 2017 Among the hottest and most relevant blog and article topics is the subject of construction liens. No matter the quantity or ubiquity of such articles, construction liens are and will always be among the most highly discussed topics in the construction industry. This… Continue reading Construction Liens in Florida – The Timing and Manner of Perfection are Critical
Pollution Exclusion Precluded Coverage for Claims Arising from Alleged Carbon Monoxide Poisoning, Oregon District Court Rules
Steven A. Meyerowitz | Law.com | March 21, 2017 A federal district court in Oregon has ruled that carbon monoxide was a “pollutant” as defined in a commercial general liability (“CGL”) insurance policy such that the policy’s pollution exclusion served to exclude coverage for claims arising from alleged carbon monoxide poisoning. The Case Lawsuits filed… Continue reading Pollution Exclusion Precluded Coverage for Claims Arising from Alleged Carbon Monoxide Poisoning, Oregon District Court Rules
Connecticut Federal District Court Again Finds “Collapse” Provisions Ambiguous
Tred R. Eyerly | Insurance Law Hawaii | March 20, 2017 The Federal District Court for the District of Connecticut has issued several decisions of late finding coverage for collapse despite the building not being reduced to rubble. The latest decision in this series is Metsack v. Liberty Mutual Fire Ins. Co., 2017 U.S. App. LEXIS… Continue reading Connecticut Federal District Court Again Finds “Collapse” Provisions Ambiguous