Joshua Lane | Ahlers Cressman & Sleight | March 20, 2019 A statute of repose terminates the right to file a claim after a specified time even if the injury has not yet occurred.[1] The construction statute of repose bars claims arising from construction, design, or engineering of any improvement upon real property that has… Continue reading Is Equipment Installed As Part Of Building Renovations A “Product” Or “Construction”?
Month: April 2019
Insured Wins Because “Decay” and “Rot” Don’t Have to Mean the Same Thing
Dwain Clifford | The Policyholder Report | April 11, 2019 Earlier this week, the Washington Court of Appeals affirmed the bedrock principle in insurance-coverage cases that insurers will always lose when a genuine ambiguity controls whether an insurer will have to pay a claim. The ambiguity in this case arose both from lexicographers’ habit of… Continue reading Insured Wins Because “Decay” and “Rot” Don’t Have to Mean the Same Thing
Wildfire Took Your Home? Don’t Count on Insurance: Viewpoint
Liam Denning | Claims Journal | April 12, 2019 Own a home? No doubt you’ve insured it. Very sensible of you. But if that home were, say, burned to the ground, then your insurance company probably wouldn’t cover the cost of rebuilding it. Don’t feel too bad, though. It’s only partly your fault. Two-thirds of… Continue reading Wildfire Took Your Home? Don’t Count on Insurance: Viewpoint
The 10th Circuit Correctly Construes “That Particular Part” Narrowly
David Smith | Farella Braun & Martel | April 12, 2019 We do not often write about coverage opinions from jurisdictions as far away as Oklahoma; however, a recent case from the Federal Tenth Circuit looked at one of our favorite topics and came out with a much better reasoned opinion than recent decisions from… Continue reading The 10th Circuit Correctly Construes “That Particular Part” Narrowly
Approaches in the Absence of a Differing Site Conditions Clause
Parker A. Lewton | Smith Currie | April 2, 2019 A contractor who has encountered unforeseen conditions will typically rely on the contract’s differing site conditions clause as a means to recovery. Most construction contracts address those issues directly. In ConsensusDocs Standard Agreement and General Conditions between Owner and Constructor, the starting point is §… Continue reading Approaches in the Absence of a Differing Site Conditions Clause