George M. Nicholos | Vandeventer Black LLP | June 4, 2019 Contract terms addressing indemnity and requirements to hold another harmless or responsible for the defense of another are contract terms that appear in virtually all construction contracts. Despite their almost universal incorporation, they are frequently misunderstood! Everyday business decisions are made, and contracts incorporating… Continue reading To Indemnify, Hold Harmless and Defend; Frequently Used and Frequently Misunderstood Contract Terms – Let’s Review
Month: June 2019
California Court of Appeals Weighs in on the Duty to Defend and Suggests “Fetch” New Motion
Garret Murai | California Construction Law Blog | June 5, 2019 It’s not uncommon for construction contracts to include indemnity provisions requiring the indemnitor (typically, the lower-tiered party) to “defend, indemnify and hold harmless” the indemnitee (typically, the higher-tiered party) from third-party claims. But when an indemnitor refuses to defend an indemnitee, who gets decide… Continue reading California Court of Appeals Weighs in on the Duty to Defend and Suggests “Fetch” New Motion
Hey Siri, Why Did You Settle That Case Without Me Signing?
Matthew DeVries | Burr & Forman | June 4, 2019 Although it was a summary order with no precedential effect, the Second Circuit held in In re: Lehman Brothers Holdings, Inc. that an exchange of emails with a mediator can constitute a binding settlement, even if the parties never signed a written agreement. While the case is… Continue reading Hey Siri, Why Did You Settle That Case Without Me Signing?
Derek “The Dodger” Chaiken Does Drone Analysis of Property Damage Claims
Chip Merlin | Property Insurance Coverage Law Blog | June 8, 2019 Derek Chaiken is in the Merlin Law Group Los Angeles office. He is a Los Angeles Dodger fan and a student of drone usage during the property insurance claim process. Drones are no longer science fiction, but a fairly common part of modern property… Continue reading Derek “The Dodger” Chaiken Does Drone Analysis of Property Damage Claims
Insurance Companies Cannot Deduct The Cost Of Land From Your Replacement Home Purchase in California
Daniel Veroff | Property Insurance Coverage Law Blog | June 4, 2019 Many insurance policyholders who have lost homes in the devastating California wildfires call our firm and ask, “Can my insurance company really deduct the value of the land under the replacement home I purchased from my claim payment?” This is a great question because this… Continue reading Insurance Companies Cannot Deduct The Cost Of Land From Your Replacement Home Purchase in California