Tara E. Lynch | Gordon Rees Scully Mansukhani | May 29, 2019 In your next contract, consider including some (or all!) of the following clauses to limit your liability and maximize your profits. Waiver of Consequential Damages While a proven breach of contract will leave a design professional or contractor exposed to direct or compensatory… Continue reading Limiting Liability: Three Clauses to Consider in your Next Construction Contract
Month: June 2019
Can My Business Recover Additional Income Loss If Code Upgrades Are Delaying the Time to Complete Repairs?
Iris Kuhn | Property Insurance Coverage Law Blog | May 31, 2019 Business Interruption coverage protects the potential earnings of the insured business while its operations are suspended as a result of damage caused by a covered peril. The period of restoration has a direct effect on the actual loss suffered. A typical definition in… Continue reading Can My Business Recover Additional Income Loss If Code Upgrades Are Delaying the Time to Complete Repairs?
Jury to Decide If Carrier Risked Trial Because It Had Nothing Left to Lose
Claims Journal | May 23, 2019 A federal judge in Rhode Island has cleared the way for a trial to decide whether Columbia Casualty Insurance, in bad faith, put its own interest over its policyholder’s by gambling on a trial instead of settling a claim that resulted in a $25 million jury verdict. Boston-based Ironshore… Continue reading Jury to Decide If Carrier Risked Trial Because It Had Nothing Left to Lose
Property Damage to Insured’s Own Work is Not Covered
Tred R. Eyerly | Insurance Law Hawaii | April 22, 2019 The Michigan Court of Appeals found there was no coverage for a lawsuit filed against the insureds for faulty workmanship. Skanska United States Bldg. v M.A.P. Mech. Contrs., 2019 Mich App. LEXIS 529 (Mich. Ct. App. March 19, 2019). Contractor Skanska… Continue reading Property Damage to Insured’s Own Work is Not Covered
Subcontractor Entitled to Defense for Defective Work Causing Property Damage Beyond Its Scope of Work
Tred R. Eyerly | Insurance Law Hawaii | May 1, 2019 The Illinois Court of Appeals found the subcontractor was owed a defense for alleged property damage caused by its faulty workmanship, but outside its scope of work. Acuity Ins. Co. v. 950 W. Huron Condo. Ass’n, 2019 Ill. App. LEXIS 208 (Ill. Ct.… Continue reading Subcontractor Entitled to Defense for Defective Work Causing Property Damage Beyond Its Scope of Work