Chip Merlin | Property Insurance Coverage Law Blog | May 20, 2019 The Colorado Department of Insurance will not be repealing its longstanding bulletin requiring that contractor overhead and profit be a part of a calculation to determine actual cash value at tomorrow’s stakeholder meeting in Denver. This is fantastic news for all Policyholders and the correct decision by… Continue reading Colorado Not Replacing Contractor Overhead and Profit Bulletin
Month: May 2019
Disclosure in International Arbitration: Using US Courts to Obtain Discovery for Non-US Proceedings
Matthew Kirtland and Katie Connolly | International Law Office | May 23, 2019 Introduction Unbeknown to many, Section 1782 of Title 28 of the US Code permits parties to obtain discovery in the United States in aid of non-US legal proceedings, including – in some instances – international arbitrations. Such discovery can include documents and… Continue reading Disclosure in International Arbitration: Using US Courts to Obtain Discovery for Non-US Proceedings
U.S. Supreme Court Affirms the Necessity of Express Authorization for Class Arbitration
Micha Nandaraj Gallo | Covington & Burling | April 25, 2019 On April 24, 2019, the Supreme Court issued its opinion in Lamps Plus, Inc., et al. v. Varela, addressing the question of whether an ambiguous arbitration agreement can be read to compel class arbitration under the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (2000). Underscoring the controversial… Continue reading U.S. Supreme Court Affirms the Necessity of Express Authorization for Class Arbitration
United States Supreme Court Limits Class Arbitration
Jeffrey K. Brown and Raymond J. Nhan | Payne & Fears | April 24, 2019 On April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act (“FAA”) bars orders requiring class arbitration when an agreement is ambiguous about the availability of such a procedure. Lamps Plus v. Varela, 587 U.S. __ ,… Continue reading United States Supreme Court Limits Class Arbitration
Eleventh Circuit Rules That Insurer Must Defend Contractor Despite “Your Work” Exclusion, Where Damage Timing Unclear
Michael S. Levine and David M. Costello | Hunton Andrews Kurth | April 16, 2019 The Eleventh Circuit has reversed an insurer’s award of summary judgment after finding that uncertainty about when the alleged property damage occurred raised questions about whether the damage came within the scope of the “Your Work” exclusion. More specifically, the court found… Continue reading Eleventh Circuit Rules That Insurer Must Defend Contractor Despite “Your Work” Exclusion, Where Damage Timing Unclear