Christine Kroupa, John Palmeri and Katelyn Werner | Insurance Coverage Law Blog Despite first party insurance policies generally requiring cooperation from an insured in the investigation of a claim, insurers can no longer rely on the failure to cooperate as a defense in a claim for first party insurance benefits in Colorado unless certain conditions… Continue reading Colorado General Assembly Sets Forth Prerequisites for an Insurance Company to Use Failure to Cooperate as a Defense to a Claim for First Party Insurance Benefits
Month: August 2020
Gimme Some Money! – Recent GAO Cases on Recovering Bid Protest Costs
Patrick R. Quigley and Nathaniel J. Greeson | Buildsmart Although the film This Is Spinal Tap was released in 1984, a bid protest attorney whose client has gotten corrective action or had a protest sustained might still hum along with that film’s song, Gimme Some Money, when thinking about the recovery of protest costs. A protester’s urge to… Continue reading Gimme Some Money! – Recent GAO Cases on Recovering Bid Protest Costs
Product Defect Allegations Trigger Duty To Defend in Pennsylvania
Stacy M. Manobianca | Saxe Doernberger & Vita The Third Circuit Court of Appeals recently concluded, in Nautilus Insurance Co. v. 200 Christian Street Partners, LLC., that a duty to defend is triggered when product-related allegations are pled in connection with a claim for defective construction. In Nautilus, the coverage dispute arose out of two independent underlying… Continue reading Product Defect Allegations Trigger Duty To Defend in Pennsylvania
Change in Georgia Lien Law
William P. Baucom, Jason D. McLarry, Alexandra C. Apple and Hailey Barnett | Troutman Pepper On August 5, 2020, Governor Brian Kemp signed Georgia Senate Bill 315 into law. This new law, which is codified at Title 44, Chapter 14, Section 366 of the Official Code of Georgia Annotated, substantially changes the way Georgia interprets… Continue reading Change in Georgia Lien Law
Residential Construction Defect Case Law Update: Homeowners Not Entitled To Attorney And Expert Fees
David H. Fisk | Kane Russell Coleman Logan Last year, the First Court of Appeals serving the Houston, Texas area held that the Texas Residential Construction Liability Act (RCLA) “does not permit a plaintiff to recover attorney or expert fees in the absence of an underlying cause of action providing for the recovery of such… Continue reading Residential Construction Defect Case Law Update: Homeowners Not Entitled To Attorney And Expert Fees