Marie Laur | Property Insurance Coverage Law Blog | April 21, 2018 Uncertainty regarding a date of loss could lead to a court’s denial of a defendant insurance company’s motion to dismiss. The court in ID Ventures, LLC v. Chubb Custom Insurance Company,1 addressed this issue. In ID Ventures, the insured (ID), suffered a water loss to its… Continue reading Date of Loss Uncertainty Could Lead to a Motion to Dismiss Denial
Month: April 2018
Apologize for a Design Error?
Melissa Dewey Brumback | Construction Law in North Carolina | April 19, 2018 Have you ever apologized to a client for a failure in your professional work? Is that a good idea, or one that will get you in trouble with your partners/ lawyers/ insurance carrier/ the Court? As always, the answer is “it depends”. Clients… Continue reading Apologize for a Design Error?
Faulty Workmanship, Even if Charged as Negligence, Isn’t Fortuitous Enough to Be an “Occurrence” Under Liability Policy
Richard Wolf | Claims Journal | April 16, 2018 Every once in a while, a court teaches us by judicial decision an entire chapter of insurance law lessons we can carry with us, secure in the knowledge that we can reason our way to the right result in insurance coverage disputes. Such a court opinion… Continue reading Faulty Workmanship, Even if Charged as Negligence, Isn’t Fortuitous Enough to Be an “Occurrence” Under Liability Policy
Worried About OSHA Silica Compliance? Not if You’re in One of These Five States
John F. Martin and D.A. Duggar | Ogletree Deakins | April 16, 2018 With the Occupational Safety and Health Administration’s (OSHA) silica standard already in effect for the construction industry and about to go into effect in June of 2018 for general industry, many employers are anxious about whether their programs will pass muster with… Continue reading Worried About OSHA Silica Compliance? Not if You’re in One of These Five States
Another Appellate Court Holds that Faulty Work Constitutes an Occurrence – This Time Under New York Law
Eric M. Gold | Pillsbury Winthrop Shaw Pittman LLP | April 16, 2018 It is axiomatic that in order to obtain insurance coverage a policyholder must first establish that a claim falls within a policy’s insuring agreement before coverage under the policy is triggered. For construction claims brought under CGL policies, that frequently means showing… Continue reading Another Appellate Court Holds that Faulty Work Constitutes an Occurrence – This Time Under New York Law