Robert M. Frey | Butler Snow | January 30, 2018 An Illinois General Contractor learned a hard lesson the other day; the case is Vivify Constr., LLC v. Nautilus Ins. Co., 2017 IL App (1st) 170192. The General Contractor, Vivify Construction, subcontracted part of the job to Victoria. Naturally wishing to protect itself from claims arising… Continue reading “Additional Insured” Counseled to Read the Policy
Month: February 2018
Disputed Facts on Cause of Collapse Results in Denied Cross-Motions for Summary Judgment
Tred R. Eyerly | Insurance Law Hawaii | January 22, 2018 Although the court concluded that the policy covered a loss caused by the weight of snow, disputed facts as to the cause of the collapse led to the denial of cross-motions for summary judgment. Freeway Drive Inv., LLC v Employers Mut. Cas. Co., 2017 U.S… Continue reading Disputed Facts on Cause of Collapse Results in Denied Cross-Motions for Summary Judgment
Certified Copy of the Policy…To the Best of Our Knowledge
Christina Phillips | Property Insurance Coverage Law Blog | February 3, 2018 TO THE BEST OF OUR KNOWLEDGE. . . When determining if there is coverage for a claim, the first document attorneys, homeowners, and adjusters will look at is the policy. We often instruct adjusters or homeowners to request a certified copy of the… Continue reading Certified Copy of the Policy…To the Best of Our Knowledge
A Promise to Pay Doesn’t Extend Lien Deadlines
Stan Martin | Commonsense Construction Law | January 24, 2018 Mechanic’s lien rights arise from the laws of each state; there is no common-law right to unilaterally lien someone else’s property. As such, compliance with statutory requirements and deadlines is paramount. Thus, when an owner promised to pay a sub, and the sub elected not… Continue reading A Promise to Pay Doesn’t Extend Lien Deadlines
Not Every Refusal to Provide Coverage Equals Bad Faith
Cheryl D. Shoun | Nexsen Pruet | January 30, 2018 A complicated and interesting factual history, along with a number of actions, including an earlier one for declaratory judgment, resulted in a thoughtful and reasoned opinion of the United States District Court for South Carolina. Agape Senior Primary Care, Inc. v. Evanston Insurance Company 2018 WL 490386… Continue reading Not Every Refusal to Provide Coverage Equals Bad Faith