Kevin Pollack | Property Insurance Coverage Law Blog | April 12, 2017 A recent case filed in the Western District of Texas highlights the importance of retaining experts to assist in evaluating the cause of loss early in the claim process. In White Lodging Services Corporation et al v. Liberty Mutual Fire Insurance Company,1a hotel… Continue reading Collapse Claim Highlights the Importance of Retaining Experts Early in the Claim Process
Month: April 2017
Is a Repair Cost Estimate Relevant When Repairs Are Based on Actual, Incurred Costs?
Edward Eshoo | Property Insurance Coverage Law Blog | April 7, 2017 I recently was involved in a lawsuit in which the insurer paid for some of the costs incurred by the insured in repairing his building following a loss. The insurer’s payment was based on a repair cost estimate prepared by its independent insurance… Continue reading Is a Repair Cost Estimate Relevant When Repairs Are Based on Actual, Incurred Costs?
“To Indemnify, or Not to Indemnify, that is the Question: California Court of Appeal Addresses Active Negligence in Indemnity Provisions”
Steven M. Cvitanovic and Omar Parra | Haight Brown & Bonesteel LLP | April 5, 2017 In California, it is well-established that the extent of a party’s obligation under an indemnity agreement is an issue of contractual interpretation, and it is therefore the intent of the parties that should control. What is the parties’ intent,… Continue reading “To Indemnify, or Not to Indemnify, that is the Question: California Court of Appeal Addresses Active Negligence in Indemnity Provisions”
Insurance Policy Did Not Prevent Association Recovery from Subcontractors for Defective Work
Justin L. Weisberg | K & L Gates Hub | April 6, 2017 On February 17, the First District Appellate Court issued an opinion regarding the Implied Warranty of Habitability in the case of Sienna Court Condominium Association v. Champion Aluminum Court et al. The opinion involved three separate appeals: the first relating to claims… Continue reading Insurance Policy Did Not Prevent Association Recovery from Subcontractors for Defective Work
Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference
Garret Murai | California Construction Law Blog | April 9, 2017 Photo credit: Christian Schnettelker I’ve yet to find reading through an insurance policy on anyone’s “bucket list.” But read them you should. Or have your attorney read through them (wink, wink). Because when you need to tender a claim there’s probably no more important… Continue reading Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference