Andres Avila | SDV Insights | June 11, 2019 Tennessee’s Supreme Court recently held that an insurer may not withhold repair labor costs as depreciation when the policy definition of actual cash value is found to be ambiguous. Tennessee joins other states like California and Vermont that prohibit the depreciation of repair labor costs in… Continue reading Think Twice About Depreciating Repair Costs in Our State, says the Tennessee Supreme Court
Month: July 2019
Utah Appellate Court: Homeowners’ Claim for Defective Construction Against Geotechnical Engineer Dismissed Due to Lack of Contract and the Economic Loss Rule
Patrick Johnson | Construction Industry Counselor | July 8, 2019 A recent Utah Appellate Court upheld the dismissal of a homeowners’ claims against a geotechnical engineer because the homeowners did not have a contract with the geotechnical engineer and therefore their claims were barred by the economic loss rule. See Hayes v. Intermountain Geoenvironmental Services, Inc.,… Continue reading Utah Appellate Court: Homeowners’ Claim for Defective Construction Against Geotechnical Engineer Dismissed Due to Lack of Contract and the Economic Loss Rule
Construction Defects: Things to Remember to Make Sure You Can Get the Problem Fixed
Joshua D. Kipp | Carrington Coleman | July 3, 2019 Construction projects take a lot of time, cost a lot of money, and often result in more than a few headaches along the way. When the project closes out, most people are relieved. The business finally gets to use the new facility and enjoy the… Continue reading Construction Defects: Things to Remember to Make Sure You Can Get the Problem Fixed
No. 8 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
David K. Taylor | BuildSmart | July 3, 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… Continue reading No. 8 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
Some Thoughts on Appealing an Adverse Ruling from a Magistrate Judge
Ian Dankelman | Property Insurance Coverage Law Blog | July 7, 2019 Adverse rulings are always possible in federal litigation. This post explores how insureds can respond to adverse rulings issued by federal magistrate judges during pretrial litigation. Congressional statute assigns magistrate judges broad authority to issue pretrial orders and opinions. In first-party property cases,… Continue reading Some Thoughts on Appealing an Adverse Ruling from a Magistrate Judge