Tred R. Eyerly | Insurance Law Hawaii | June 6, 2018 When two competing experts disagreed on the cause of the loss, the trial court erred in granting summary judgment to the insurer. Garcia v. Firs Community Ins. Co., Fla. App. LEXIS 4237 (Fla. Ct. App. March 28, 2018). Garcia, the homeowner, discovered water damage in… Continue reading Battle of Experts Cannot Be Decided on Summary Judgment
Month: June 2018
Post-Menchaca: Is the Independent Injury Rule Dead or Alive?
Kay Morgan | Property Insurance Coverage Law Blog | June 17, 2018 Having undertaken to write about “all things Menchaca,” this month is a review of five cases post-Menchaca which contradict one another in deciding whether the independent injury rule is dead or alive. Looking at the first set of cases post-Menchaca, it appears that the answer… Continue reading Post-Menchaca: Is the Independent Injury Rule Dead or Alive?
Part I: Key Provisions of School Facility Construction & Design Contracts
David R. Cook | School Construction News | April 25, 2018 We all expect our school construction projects will go smoothly, on time and under budget. But despite our best efforts, some projects will encounter speed bumps, detours or outright roadblocks. While there are many precautions a school facility manager may take, one of the… Continue reading Part I: Key Provisions of School Facility Construction & Design Contracts
Part II: Key Provisions of School Facility Construction & Design Contracts
David R. Cook | School Construction News | June 13, 2018 In Part I of this article, published in late April, we discussed the performance risk and time risk involved with construction and design contracts, and in Part II, we will cover cost risk and political risk. Cost Risk School budgets are limited for many reasons, and… Continue reading Part II: Key Provisions of School Facility Construction & Design Contracts
California Supreme Court Rights the “Occurrence” Ship: Unintended Harm Resulting from Intentional Conduct Triggers Coverage Under Liability Insurance Policy
Scott S. Thomas | Payne & Fears | June 6, 2018 SUMMARY In a ruling that bodes well for policyholders, the California Supreme Court provides much-needed clarity on the question of when a so-called “intentional act” may give rise to insurance coverage under a liability insurance policy. In Liberty Surplus Insurance Corp. v. Ledesma & Meyer… Continue reading California Supreme Court Rights the “Occurrence” Ship: Unintended Harm Resulting from Intentional Conduct Triggers Coverage Under Liability Insurance Policy