Tred R. Eyerly | Insurance Law Hawaii In a case of first impression, the Supreme Court of New York, Appellate Division, found the insurer had no right to reimbursement of defense costs paid to defend the insured. Am. W. Home Ins. Co. v. Gjoaj Realty & Mgt. Co., 2020 N.Y. App. Div. LEXIS 8286… Continue reading New York Court Finds Insurers Cannot Recover Defense Costs Where No Duty to Indemnify
Month: March 2021
Strategic Tips That Parties Should Consider When Mediating Disputes
Sean Gay | Ahead of Schedule Nearly all construction industry standard form contracts require mediation as part of their dispute resolution provisions. Often confused with arbitration, mediation is a negotiation facilitated by a neutral third party. Unlike arbitration — a proceeding like a trial — mediation does not result in a final binding decision. And… Continue reading Strategic Tips That Parties Should Consider When Mediating Disputes
Triable Issue of Fact Exists as to Insurer’s Obligation to Provide Coverage Under Occurrence Policy
Valerie Moore and Kathleen Moriarty | Haight Brown & Bonesteel In Guastello v. AIG Specialty Ins. Co. (No. G057714. filed 2/19/21 ord. pub. 2/23/21), a California appeals court held that triable issues of material fact exist which precluded summary judgment for an insurer seeking to disclaim coverage on the basis that the “occurrence” pre-dated the policy period… Continue reading Triable Issue of Fact Exists as to Insurer’s Obligation to Provide Coverage Under Occurrence Policy
Allocating Covered and Uncovered Damages in Jury Verdict
David Adelstein | Florida Construction Legal Updates When a liability insurer defends an insured from a third-party claim, they oftentimes do so under a reservation of rights. A reservation of rights letter is issued to the insured that identifies certain coverage exclusions or reservations relative to the insurance policy that may impact the insurer’s duty to indemnify the… Continue reading Allocating Covered and Uncovered Damages in Jury Verdict
AIA Construction Contracts: Understanding an Industry Standard
Peter Pokorny and Bruce Rosen | Real Estate Counselors, PLLC Introduction – Parties frequently find themselves responsible to construct,remodel or improve property. When that happens, a contractor is hired toperform the work, and in some cases an architect or designer is hired toprepare plans. Many times, the parties document their transaction usingforms prepared by the… Continue reading AIA Construction Contracts: Understanding an Industry Standard