Neil Keenan, William Abramovicz and Matthew Bedan | Forensic Risk Alliance The COVID-19 pandemic continues to impact all facets of the global economy, disrupting supply chains and work forces, and straining contractual relationships between businesses. These issues are especially important in the construction industry, which traditionally relies on precise schedules of workers and material, and… Continue reading The Impact of COVID-19 on the Construction Industry: Planning for the Inevitable
Month: July 2020
Court Addresses When Duty to Defend Ends
Margo Meta and Anthony Miscioscia | White and Williams There are certain generally held principles regarding an insurer’s duty to defend. One of these principles is that an insurer has a duty to defend its insured if the complaint states a claim that potentially falls within the policy’s coverage. However, there is a lack of… Continue reading Court Addresses When Duty to Defend Ends
The “Advice of Counsel Defense” in Coverage Cases: You Might Be Waiving More Than You Realize
Eileen GilBride, Patrick Gorman and Donald Myles | Jones, Skelton & Hochuli In United Specialty Ins. Co. v. Dorn Homes Inc.,__ F.R.D. __, 2020 WL 443872,(D. Ariz. Jan. 28, 2020), the United States District Court, District of Arizona, analyzed whether the insurer’s assertion of the advice of counsel defense operates to waive the work-product defense for… Continue reading The “Advice of Counsel Defense” in Coverage Cases: You Might Be Waiving More Than You Realize
Walking the Tightrope: Liquidation Agreement “Traps for the Unwary”
Amy Elizabeth Garber and Robert J. Symon | Buildsmart When crafting a liquidation or “pass-through” agreement for a subcontractor claim against the government, the key provision from the prime contractor’s perspective is a release from any liability for the subcontractor’s claim with the exception of amounts recovered from the government related to that claim. If the… Continue reading Walking the Tightrope: Liquidation Agreement “Traps for the Unwary”
Insured’s Bad Faith Insurance Claim Goes Up in Smoke
Garret Murai | California Construction Law Blog Sometimes it’s right there before your eyes. Then, poof, it’s gone. This was the experience of one insured, who brought a bad faith insurance denial claim against his insurer thinking that the facts were in his favor, only to discover they were not. The 501 E. 51st Street… Continue reading Insured’s Bad Faith Insurance Claim Goes Up in Smoke