J. Curtis Greene | Barnes & Thornburg | October 22, 2019 When claiming damages for construction defects, the doctrine of economic waste is often forgotten or ignored, even among sophisticated parties and counsel, potentially at great cost. Unwary parties to a dispute typically jump to – and focus significant time, money and energy on –… Continue reading To Claim Damages For Repair Costs Or Not? Beware The Economic Waste Doctrine
Month: October 2019
Sixth Circuit Decision Is a Reminder of Difficulty in Prevailing on “Dishonest Acts” Exclusion
Jason Taylor | Traub Lieberman Straus & Shrewsberry | October 22, 2019 The Sixth Circuit Court of Appeals’ Decision in Evanston Ins. Co. v. Certified Steel Stud Association, 2019 WL 4674072 (6th Cir. Sept. 25, 2019) is another reminder to insurers of the difficulty in prevailing on a “dishonest acts” exclusion to bar coverage. The decision,… Continue reading Sixth Circuit Decision Is a Reminder of Difficulty in Prevailing on “Dishonest Acts” Exclusion
The Conflict Between Choice-of-Law Provisions in Insurance Policies and a State’s Fundamental Public Policy
Matthew Lewis | Property Casualty Focus | October 18, 2019 Many contracts include a choice-of-law provision in which the parties agree to use a particular jurisdiction’s set of laws to govern the contract. These provisions promote predictability. No matter where a dispute may arise under the contract, the contract will always be interpreted under the… Continue reading The Conflict Between Choice-of-Law Provisions in Insurance Policies and a State’s Fundamental Public Policy
An Example of Why Policyholders Need Favorable and Strong Bad Faith Laws
Daniel Veroff | Property Insurance Coverage Law Blog | October 19, 2019 Our Northern California office is battling the big insurers for their conduct in response the 2017 NorCal Wildfires, and recently some of our clients received letters purporting to be a “friendly reminder” from their insurance company. Well, they were actually not so friendly.… Continue reading An Example of Why Policyholders Need Favorable and Strong Bad Faith Laws
Georgia Supreme Court Addresses Anti-Indemnity Statute
David R. Cook, Jr. | Autry, Hall & Cook | September 14, 2019 In prior blog posts, we addressed Georgia’s anti-indemnity statute. One of the posts addressed the statute in the context of an electric utility easement near an airport. That case made its way to the Supreme Court Georgia, which provided some additional clarity… Continue reading Georgia Supreme Court Addresses Anti-Indemnity Statute