Mikaela Whitman | Law.com | October 11, 2019 The covenant of good faith and fair dealing is implied in all insurance contracts. While most states recognize that an action for breach of this covenant (also known as “bad faith”) sounds in breach of contract, some states also recognize an independent tort that can be separate… Continue reading Using Unfair Claim Settlement Statutes To Prove Bad Faith
Month: October 2019
OSHA: Solar Panel Installation is Not Roofing Work
Connor Rose | Bradley Arant Boult Cummings | October 23, 2019 In June, the United States Court of Appeals for the Ninth Circuit decided that rooftop solar panel installation is not “roofing work” under Occupational Safety and Health Administration (“OSHA”) regulations. This decision has immediate implications for any contractor installing solar panels, as a more… Continue reading OSHA: Solar Panel Installation is Not Roofing Work
Illinois Expands Protections Under The Contractor Prompt Payment Act By Imposing New Restrictions On Retainage
Mark Johnson | Seyfarth Shaw | September 2, 2019 The Illinois Contractor Prompt Payment Act, 815 ILCS 603/1, et seq. (the “Act”) was first enacted in 2007 and designed to safeguard contractors and subcontractors on private projects by providing a mechanism to expedite payments for work performed. The Act applies to all private construction projects in… Continue reading Illinois Expands Protections Under The Contractor Prompt Payment Act By Imposing New Restrictions On Retainage
Nevada Legislative Update: August 2019
Edward Garcia and Brittany Walker | Holland & Hart | August 30, 2019 CONSTRUCTION AB 421 amends the laws governing residential construction defects. Key changes include extending the statute of repose from six to ten years and no longer requiring an expert to be present at an inspection concerning an alleged construction defect. Proponents of… Continue reading Nevada Legislative Update: August 2019
Payment of An Appraisal Award: Is There More?
Kay Morgan | Property Insurance Coverage Law Blog | September 19, 2019 The answer to the above question came, in part, on June 28, 2019, with the issuance of twin Texas Supreme Court opinions: Barbara Technologies Corporation v. State Farm Lloyds,1 and Ortiz v. State Farm Lloyds.2 The specific issue in these two decisions was what effect did an… Continue reading Payment of An Appraisal Award: Is There More?