Christopher C. Broughton | ConsensusDocs Introduction The right to offset refers to the common sense ability to reduce or eliminate your payment obligations to a party who owes you money on another contract. With offsets, common law largely tracks common sense. The right of offset is recognized by statute and court decisions in many states… Continue reading Withholding Payment or Having Your Payment Withheld Due to Disputes on Other Projects: Know Your Rights to Offset
Month: January 2021
Washington Trial Court Narrows Definition of First Party Claimant, Clarifies Available Causes of Action in Commercial Property Loss Context
Kathleen A. Nelson and Jonathan R. Missen | Lewis Brisbois Bisgaard & Smith The law in the State of Washington, albeit clear on issues regarding first party claimants, was recently challenged in the matter of Eye Associates Northwest, P.C. v. Sedgwick et. al. However, despite this challenge of first impression, the court limited the application of… Continue reading Washington Trial Court Narrows Definition of First Party Claimant, Clarifies Available Causes of Action in Commercial Property Loss Context
No Coverage for Collapse of Building
Tred R. Eyerly | Insurance Law Hawaii Damage to a building caused by the break of a water pipe was not a collapse under the policy. Naabani Twin Stars v. Travelers Cos., 2020 U.S. Dist. LEXIS 196443 (D. N. M. Oct. 22, 2020). An underground water line ruptured on plaintiffs property This… Continue reading No Coverage for Collapse of Building
Read the Property Insurance Policy to be Sure You are Complying with Post Loss Obligations
David Adelstein | Florida Construction Legal Updates I have discussed this before in prior postings, but it is worth repeating. It is imperative for an insured to comply with post loss obligations in a property insurance policy. Not doing so gives the insurer the argument that its insured forfeited coverage under the policy. Naturally, this is… Continue reading Read the Property Insurance Policy to be Sure You are Complying with Post Loss Obligations
Did the 4th District Court of Appeal Make Any Real Change to an Insurer’s “Late Notice” Defense?
Michael Kranzler | Chartwell Law A condition precedent to receiving coverage under almost any insurer’s homeowner’s policy is an obligation for the insured to provide reasonably “prompt” notice of any loss. However, most policies never define what constitutes “prompt,” creating a common angle of attack for insureds trying to avail themselves of their delay in… Continue reading Did the 4th District Court of Appeal Make Any Real Change to an Insurer’s “Late Notice” Defense?