Michael Ponzo | Property Insurance Coverage Law Blog | May 14, 2018 In 2017, the Arizona Supreme Court changed the scope and limits of discovery to “any non-privileged matter that is relevant to any party’ claim or defense and proportional to the needs of the case.”1 Starting in July 2018, Arizona Rule of Civil Procedure 26.2, will take… Continue reading Changes in the Arizona Rules of Civil Procedure Will Impact Your Case
Month: May 2018
Policyholder Deposits Check and Loses Rights!
Jason Cleri | Property Insurance Coverage Law Blog | May 16, 2018 Accord and satisfaction are legal terms frequently used in insurance contract dispute and often included in any insurance carrier’s Answer and Affirmative Defenses to any complaint filed. An agreement (accord) between two contracting parties to accept alternate performance to discharge a preexisting duty… Continue reading Policyholder Deposits Check and Loses Rights!
Can a Third Party Seek a Declaration of an Insurer’s Duties Under Its Policy?
Cheryl D. Shoun | Nexsen Pruet | May 15, 2018 “Be careful what you ask for in your declaratory judgment action” could have been an appropriate subtitle. Either title would fit the United States District Court’s look at whether a party that is not an insured may seek a declaration regarding an insurer’s duties under… Continue reading Can a Third Party Seek a Declaration of an Insurer’s Duties Under Its Policy?
It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt Payment Requirements in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.
Erinn Contreras and Joy O. Siu | Construction & Infrastructure Law Blog | May 16, 2018 On May 14, 2018, the California Supreme Court issued its opinion in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co., No. S231549, slip. op. (Cal. Sup. Ct. May 14, 2018). In it, the Court narrowly construed the “good… Continue reading It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt Payment Requirements in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.
“Ordinance or Law” Provision Mandates Coverage for Roof Repair
Tred R. Eyerly | Insurance Law Hawaii | April 23, 2018 The Tennessee Court of Appeals found that the insured was entitled to coverage under the policy’s “ordinance or law” provision for repairs to prevent a future collapse of both the damaged and undamaged portions of the building. Jefferson Cnty. Schools v. Tenn. Risk Mgmt. Trust,… Continue reading “Ordinance or Law” Provision Mandates Coverage for Roof Repair