Tracey W. Pruiett | Smith Currie & Hancock | December 4, 2018 Encountering an unexpected site condition is one of the more common risks on a construction project. A “differing site condition”, or it is sometimes called a “changed condition”, is generally understood to be a physical condition that is discovered while performing work and… Continue reading Back to Basics – Differing Site Conditions
Month: December 2018
Subcontracting In The Construction Industry And Who Is Responsible For The Injured Employee?
Ryan M. Hathcock | Drew Eckl & Farnham, LLP | December 5, 2018 The current trend in the construction industry involves the acquisition of specialized laborers and contractors to perform the various tasks required to complete each aspect of a given project. General contractors obtain the services of subcontractors as a common business practice to… Continue reading Subcontracting In The Construction Industry And Who Is Responsible For The Injured Employee?
The Trouble with Releases of Claims in Exchange for Policy Benefits
Christopher Mammel and Tamara Chen-See | Property Insurance Coverage Law Blog | December 6, 2018 As policyholder attorneys, we frequently hear concerns from public adjusters that at the conclusion of a difficult adjusting process with an insurance carrier, a release was demanded in exchange for some agreed payment for the loss.1 Public adjusters cannot advise their… Continue reading The Trouble with Releases of Claims in Exchange for Policy Benefits
California Court Finds Coverage When “Property Damage” Doesn’t Require Physical Injury By Definition
Tamara Boeck | Ahead of Schedule | November 7, 2018 Although it may seem strange at first, the recent ruling by the California Fourth Appellate District Court in Thee Sombrero, Inc. v. Scottsdale Co., (2018 EL 5292072), holding that an insurer must pay for a claim where there was no actual physical property damage, is not… Continue reading California Court Finds Coverage When “Property Damage” Doesn’t Require Physical Injury By Definition
Florida Supreme Court Invited to Resolve Assignment-Of-Benefits Controversy
Michael Morehead | Property Insurance Law Observer | December 5, 2018 Introduction At least two Florida appellate courts have directly contradicted each other on an increasingly-important question facing Floridians and the insurance industry. The question is as follows: “Are insurance provisions valid which condition the validity of third-party benefits assignments upon the written consent of… Continue reading Florida Supreme Court Invited to Resolve Assignment-Of-Benefits Controversy