Lawrence Moon | Property Insurance Coverage Law Blog | November 17, 2017 In a prior blog, I discussed the California Supreme Court’s decision in Fluor Corporation v. Superior Court,1 regarding the post-loss assignment of insurance benefits. In Fluor, the California Supreme Court held that section 520 of California’s Insurance Code prohibits insurance companies from refusing to honor post-loss… Continue reading Post-loss Assignment of Claims in California
Month: November 2017
The Perils of Online Mechanic’s Lien Services
John R. Lockard | Vandeventer Black LLP | November 16, 2017 There are several online services that prepare and file mechanic’s liens in jurisdictions throughout the United States. I recently had the opportunity to review a memorandum for mechanic’s lien that was prepared by one of these services and filed in a local Virginia court.… Continue reading The Perils of Online Mechanic’s Lien Services
Good Faith, Bad Faith, No Faith: Will a Subjective Good Faith Standard Influence How Litigants Approach Mediation?
Brian J. Laliberte | Tucker Ellis | November 16, 2017 I. Introduction Mediation as a dispute resolution mechanism does not succeed because courts, statutes, or rules impose a good faith standard on participants or sanction bad faith conduct. Mediation succeeds because litigants and their lawyers prepare their case, know their objectives, and work to achieve… Continue reading Good Faith, Bad Faith, No Faith: Will a Subjective Good Faith Standard Influence How Litigants Approach Mediation?
Can You Settle Your Third-Party Claim While in Coverage Purgatory?
P. Wesley Lambert | Brouse McDowell | November 13, 2017 Most commercial general liability (CGL) policies grant control over the defense and settlement of third party claims to the insurer. Thus, the right to settle, or not settle, a third-party claim against the policyholder resides with the insurer. However, when an insurance company breaches its… Continue reading Can You Settle Your Third-Party Claim While in Coverage Purgatory?
NJ Courts Continue Expansion of Insurance Coverage for Construction Defects: “Continuous Trigger” Doctrine Applied
Adam J. Sklar | Property Insurance Coverage Law Blog | October 25, 2017 New Jersey courts are continuing their trend of extending insurance coverage for third-party construction defect claims. Following last year’s NJ Supreme Court decision in Cypress Point Condo. Ass’n, Inc. v. Adria Towers, LLC, 226 N.J. 403 (2016), which broadly interpreted the standard CGL… Continue reading NJ Courts Continue Expansion of Insurance Coverage for Construction Defects: “Continuous Trigger” Doctrine Applied