Shari L. Klevens and Alanna Clair | Mondaq | October 4, 2018 Here are some tips for avoiding ethical issues and the possibility of sanctions in connection with depositions. Most experienced litigators have at least one horror story of a deposition that went poorly. It usually starts with an opposing attorney with an ax to… Continue reading Don’t Cross The Line With Deposition Witnesses
Month: October 2018
Despite Modern Trend, Ohio Supreme Court Does Not Reconsider Prior Precedent – Finds Inadvertant Defective Work by Subcontractor can Never be a Fortuitous ‘Occurrence’
Clifford Shapiro | Barnes & Thornburg LLP | October 15, 2018 The Ohio Supreme Court ruled on Oct. 9, 2018, that property damage caused by a subcontractor’s faulty workmanship can never be an accidental “occurrence” within the meaning of the Commercial General Liability (CGL) insurance policy, and is therefore not covered. Ohio Northern University v. Charles… Continue reading Despite Modern Trend, Ohio Supreme Court Does Not Reconsider Prior Precedent – Finds Inadvertant Defective Work by Subcontractor can Never be a Fortuitous ‘Occurrence’
It’s Rain, Not Flood, Why Isn’t My Water Damage Covered?
Jennifer Van Voorhis | Property Insurance Coverage Law Blog | October 13, 2018 The photos from Hurricane Michael show catastrophic loss from not only the storm surge, up to fourteen feet in some areas, but from winds and rain as well. For those that live far enough inland where surge and flood was not an… Continue reading It’s Rain, Not Flood, Why Isn’t My Water Damage Covered?
General Contractor’s Unjustified Threats to Assess Delay Damages Against Subcontractor are a Material Breach of Contract
Luke Nicholas Eaton | Pepper Hamilton LLP | October 11, 2018 Randy Kinder Excavating, Inc. v. JA Manning Constr. Co. 2018 U.S. App. LEXIS 21878 (8th Cir. Aug. 7, 2018) This dispute arose from a contract to build a pumping station in Arkansas (the “Project”). In June of 2010, the U.S. Army Corps of Engineers… Continue reading General Contractor’s Unjustified Threats to Assess Delay Damages Against Subcontractor are a Material Breach of Contract
Critical Issues to a Determination of Coverage and Effective Reservation of Rights
Cheryl D. Shoun | Nexsen Pruet | October 9, 2018 Faced with cross motions for summary judgment in a declaratory judgment action seeking coverage determination, the United States District Court for South Carolina recently employed exacting scrutiny in its analysis of the policies, the reservation of rights letters and the parties’ respective positions. Stoneledge at Lake… Continue reading Critical Issues to a Determination of Coverage and Effective Reservation of Rights