William Knauss, III | Wiley Rein Applying Arizona law, the United States District Court for the District of Arizona held that an insurer that breached its duty to defend bears the burden of demonstrating that an allocation of defense costs between covered and non-covered claims is possible. Tapestry on Cent. Condo. Ass’n. v. Liberty Ins. Underwriters… Continue reading Insurer that Breached Duty to Defend Bears Burden on Allocation of Defense Costs
Month: November 2020
Contractor’s Burden When It Comes To Delay
David Adelstein | Florida Construction Legal Updates When a contractor is challenging the assessment of liquidated damages, or arguing that it is entitled to extended general conditions, the contractor bears a burden of proof to establish there were excusable delays that impacted the critical path and, in certain scenarios, the delays were not concurrent with contractor-caused delay: When delays are excusable,… Continue reading Contractor’s Burden When It Comes To Delay
Colorado’s Abbreviated Legislative Session Offers Builders a Reprieve
David McLain | Higgins, Hopkins, McLain & Roswell Would you believe me if I told you that this year could have been worse for builders? Had COVID-19 not hit, the Colorado Legislature may have passed bills that would have had a severely negative impact on the home building industry. In response to the COVID-19 pandemic,… Continue reading Colorado’s Abbreviated Legislative Session Offers Builders a Reprieve
Insured’s Experts Excluded, But Insurer’s Motion for Summary Judgment Denied
Tred R. Eyerly | Insurance Law Hawaii Despite barring the insured’s expert witnesses from testifying as to the cause of the loss, lay witnesses were still available, making the district court’s award of summary judgment to the insurer improper. Greater Hall Temple Church of God v. Southern Mut. Church Ins. Co., 2020 U.S. App.… Continue reading Insured’s Experts Excluded, But Insurer’s Motion for Summary Judgment Denied
Comparative Breach of Contract – The New Benefit of the Bargain in Construction?
Steven Hoffman, Esq. | Florida Construction Law News Ask most Florida Construction Law practitioners, and you will likely hear that liability may not be apportioned in “pure” breach of contract cases via the Comparative Fault Act, section 768.81, Florida Statutes (the “Act”). If a material breach is a “substantial factor” in causing damages, the breaching… Continue reading Comparative Breach of Contract – The New Benefit of the Bargain in Construction?