David Adelstein | Florida Construction Legal Updates | August 25, 2019 An exculpatory clause in a contract is a clause aimed at relieving another party from certain liability. A disclaimer and insulation from liability. Obviously, if you are the party relieving the other party from liability, you want to consider this risk including the potential enforceability of… Continue reading Consider the Risks Associated with an Excupatory Clause
Month: December 2019
Insurer’s Motion for Summary Judgment to Reject Collapse Coverage Denied
Tred R. Eyerly | Insurance Law Hawaii | September 9, 2019 The insurer unsuccessfully moved for summary judgment seeking to reject the insured’s collapse claim. Gnannn v. United Servs. Auto, Ass’n, 2019 Conn. Super. LEXIS 1955 (Conn. Super Ct. July 11, 2019). The insureds’ home was built in 1985 and they purchased… Continue reading Insurer’s Motion for Summary Judgment to Reject Collapse Coverage Denied
“Slow and Steady Doesn’t Always Win the Race” – Applicability of a Statute of Repose on Indemnity/Contribution Claims in New Hampshire
Rahul Gogineni | The Subrogation Strategist | September 12, 2019 In Rankin v. South Street Downtown Holdings, Inc., 2019 N.H. LEXIS 165, the Supreme Court of New Hampshire considered, pursuant to a question transferred by the trial court, whether RSA 508:4-b, the statute of repose for improvements to real property, applies to indemnity and contribution claims. The… Continue reading “Slow and Steady Doesn’t Always Win the Race” – Applicability of a Statute of Repose on Indemnity/Contribution Claims in New Hampshire
Defending Institutional Bad Faith Claims, Part III – Proof By Other Claims
John David Dickenson and Chad A. Pasternack | Cozen O’Connor | November 27, 2019 In Part I of this series, we explored the differences between institutional and non-institutional bad faith. For claims of institutional bad faith, plaintiffs often attempt to demonstrate a pattern and practice by offering evidence of claims of other policyholders. Unlike claims of institutional… Continue reading Defending Institutional Bad Faith Claims, Part III – Proof By Other Claims
Defending Institutional Bad Faith Claims, Part II – Focusing On Plausibility
John David Dickenson and Chad A. Pasternack | Cozen O’Connor | November 26, 2019 In Part I of this series, we discussed institutional bad faith and best practices for insurers to minimize the risk of these costly and intrusive lawsuits. In Part II, we will focus on cutting discovery off at the pleadings—by narrowing the plaintiff’s claim,… Continue reading Defending Institutional Bad Faith Claims, Part II – Focusing On Plausibility