Cheryl Shoun | Nexsen Pruet | June 11, 2019 It is well established that policies of insurance are contracts, subject to basic contract law. While parties are generally permitted to contract as they wish, such privilege is not absolute in the context of insurance; required coverage may not be omitted. Rather, statutory obligations relating to… Continue reading Insurance Policies: Where Is the Proper Balance Between Limitation of Liability and Adherence to Public Policy
Month: June 2019
New Oregon Gross Receipts Tax Presents Special Challenges for Construction Projects Located in Oregon
Lewis Horowitz and Eric Kodesch | Lane Powell | June 10, 2019 Oregon has enacted a new gross receipts tax (the “Oregon CAT”), largely based on the Ohio commercial activity tax (“Ohio CAT”), but with significant differences. We issued a legal update with a detailed summary of the Oregon CAT and its effect on businesses with Oregon-sourced receipts —… Continue reading New Oregon Gross Receipts Tax Presents Special Challenges for Construction Projects Located in Oregon
No. 9 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
David K. Taylor | BuildSmart | June 10,2019 This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in previous posts, it takes more than throwing… Continue reading No. 9 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
Post-Lawsuit Payment of Appraisal Awards
Shane Smith | Property Insurance Coverage Law Blog | June 15, 2019 A recent Florida 4th District Court of Appeal decision, Bryant v. Geovera Specialty Insurance Company,1 addressed the issue of whether an insurance carrier’s payment of an appraisal award above a sublimit constituted a “confession of judgment.” The purpose of the confession of judgment doctrine, which… Continue reading Post-Lawsuit Payment of Appraisal Awards
Privileged Communications With a Testifying Client/Expert
Shannon M. Warren | The Subrogation Strategist | April 30, 2019 In In re City of Dickinson, 568 S.W.3d 642 (Tex. 2019), the Supreme Court of Texas recently assessed whether a client’s emails with its counsel were subject to disclosure after the client was designated as a testifying expert witness. In re City of Dickinson involved a coverage… Continue reading Privileged Communications With a Testifying Client/Expert