Andrew Daechsel | PropertyCasualtyFocus | June 27, 2018 While the rules for determining whether a liability insurer has a duty to defend a lawsuit are generally well-known, questions can arise when an insurer is asked to defend an arbitration. For example, can an insurer’s duty to defend be determined by looking solely at the initial… Continue reading To Defend or Not to Defend? Northern District of Ohio Provides Guidance for Determining Whether to Defend an Arbitration
Month: July 2018
Assignment of Claim Post Loss is Valid Despite Disputed Value
Chip Merlin | Property Insurance Coverage Law Blog | June 26, 2018 Claim assignments post loss are generally valid despite policy language preventing the same. This is true even if the amount of the claim owed is disputed.1 In a very recent opinion, the facts indicated that the insureds signed a “Work Order Agreement to… Continue reading Assignment of Claim Post Loss is Valid Despite Disputed Value
When the Insurance Company Labels Your Loss a Collapse, Can It Still Deny Your Collapse Claim?
Nicole Vinson | Property Insurance Coverage Law Blog | June 28, 2018 At least one Michigan court has ruled that even when the execute general adjuster calls a building’s damage a collapse and labels it as a “cave in,” the denial will stand where the policy language supports an exclusion.1 This case arises out damages that… Continue reading When the Insurance Company Labels Your Loss a Collapse, Can It Still Deny Your Collapse Claim?
It’s Just Dirt, or Is It? – What You Don’t Know on an Excavation Site Can Hurt You, or at Least Cost You Money.
Courtney Lynch | Kilpatrick Townsend | June 27, 2018 Underground utilities and pipelines pose potential problems for excavators and other contractors performing work below ground. Whether your business involves the construction of buildings primarily above ground or running pipes or cables below, there are issues to consider if your construction involves excavations. In most states,… Continue reading It’s Just Dirt, or Is It? – What You Don’t Know on an Excavation Site Can Hurt You, or at Least Cost You Money.
Arizona To Study Indemnity Provisions In Construction Contracts
Gregory Y. Harris and Jared L. Sutton | Lewis Roca Rothgerber Christie LLP | June 25, 2018 On May 16, 2018, Governor Doug Ducey signed Senate Bill 1271, which created a “construction liability apportionment study committee” (the “Committee”) to “research and make recommendations for the apportionment of liability in the construction industry.” Except for the… Continue reading Arizona To Study Indemnity Provisions In Construction Contracts