Christopher B. Freeman | PropertyCasualtyFocus | April 7, 2017 Timely notice is typically a condition precedent to coverage under an insurance contract, though many states require an insurer to demonstrate prejudice before denying coverage solely based on a failure to comply with a notice provision. However, as the court found in EmbroidMe.com, Inc. v. Travelers… Continue reading A Stitch in Time Saves … An Insured From Incurring Non-Covered Defense Costs
Month: April 2017
Hurdles with Triggering a Subcontractor Performance Bond
David Adelstein | Florida Construction Legal Updates | April 1, 2017 There have been a couple of decisions as of late, particularly in federal court, that have gone in favor of a performance bond surety and against a general contractor’s claim against a subcontractor’s performance bond. These decisions have been so unfavorable that they may… Continue reading Hurdles with Triggering a Subcontractor Performance Bond
Liquidated Damages Clauses: A New Legal Analysis
Kent B. Scott | Babcock, Scott & Babcock | April 5, 2017 There is a new law on the books! The Utah Supreme Court has recently changed Utah law concerning liquidated damages clauses in contracts. The High Court’s recent ruling simplifies the test used to determine whether or not a court will enforce a liquidated… Continue reading Liquidated Damages Clauses: A New Legal Analysis
Costs to Repair or Replace Defective Construction Excluded Under Commercial General Liability Policy
Christina Phillips | Property Insurance Coverage Law Blog | March 30, 2017 Often a homeowner’s damages are not the result of a storm event, but rather the result of defective construction. In such situations, the homeowner will often pursue an action against the general contractor or subcontractor for various claims, such as negligence or breach… Continue reading Costs to Repair or Replace Defective Construction Excluded Under Commercial General Liability Policy
What Qualifies as an Insured Collapse?
Richard Wolf | Claims Journal | April 4, 2017 Latest Case and Growing Trend Say it Must Fall Down or Cave in The scope of insurance coverage for collapse, first provided by the industry in 1954, has long been the subject of litigation in many jurisdictions. The arguments for what triggers coverage appear to fall… Continue reading What Qualifies as an Insured Collapse?