R. Bruce Wallace | Nexsen Pruet | September 7, 2017 As hurricane season swings into full measure, the flooding of Hurricane Harvey has ravaged Texas, and Irma’s path remains uncertain, it is time to revisit the law of flood insurance. In May of this year, Nexsen Pruet wrote about the Woodson decision from the United States Court of… Continue reading Sink or Swim – District Court Approves Removing Flood Insurance Claims to Federal Court
Month: September 2017
Appeals Court Finds Manuscript Additional Insured Endorsements Ambiguous Regarding Completed Operations Coverage for Additional Insured
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel LLP | August 31, 2017 In Pulte Home Corp. v. American Safety Indemnity Co. (No. D070478; filed 8/30/17), a California appeals court found that manuscript additional insured endorsements on construction subcontractors’ policies were ambiguous regarding additional insured coverage for the developer, and that substantial evidence supported… Continue reading Appeals Court Finds Manuscript Additional Insured Endorsements Ambiguous Regarding Completed Operations Coverage for Additional Insured
Assignment of Unaccrued or Contingent Benefits
Lawrence Moon | Property Insurance Coverage Law Blog | September 2, 2017 It is widely accepted that insurance policies are generally not assignable by the policyholder unless the insurance company consents to the assignment. In most states, it is also well-established that after a covered loss has occurred, the policyholder ordinarily may assign the claim… Continue reading Assignment of Unaccrued or Contingent Benefits
Liability for Independent Contractors
Raymond P. Dudlo | Stoll Keenon Ogden PLLC | August 28, 2017 Generally, employers and general contractors do not have a duty to supervise the work of an independent contractor to assure a safe workplace. The general rule in Indiana, therefore, is that general contractors are not liable for the negligence of independent contractors. However,… Continue reading Liability for Independent Contractors
Is the Retroactive Statute of Repose for Construction Defect Claims Constitutional?
Gregory King, Esq. adn Sarah J. Odia, Esq. | Nevada Lawyer | September 2017 With the February 24, 2015, enactment of Assembly Bill 125 (2015 Nevada Laws, Ch. 2), much has changed in the world of residential construction defect litigation. One of the most dramatic shifts has been the reduction of the statute of repose… Continue reading Is the Retroactive Statute of Repose for Construction Defect Claims Constitutional?