Ashley Cowgill and Eric Gold | Policyholder Pulse Blog In a previous post, we addressed blanket additional insured endorsements and the role they play in passing insurance obligations downstream. In short, the purpose of a “blanket” endorsement is to grant additional insured status to any company as required in a written contract with the named insured.… Continue reading Is Contractual Privity Required for Additional Insured Status? Courts Are Divided.
Month: April 2021
Claims Handling: Questions Are the Answer
Michael Melendez and Chad Pasternack | Cozen O’Connor The key issue in insurance bad faith litigation is whether the claims professional reasonably handled the claim. Throughout the claims-handling process, the claims professional should constantly ask him-or-herself whether the investigation is sufficient to support a coverage determination and how someone might challenge that determination. By asking… Continue reading Claims Handling: Questions Are the Answer
Effective Mediation Techniques for Complex Cases – Part Two
Amy Dunn Taylor | Framing Issues Part Two of my series on Effective Mediation Techniques for Complex Cases focuses on the timeline and mechanics of such mediations and includes an analysis of in-person vs. Zoom or other virtual platforms for mediations. Timeline for Effective Mediations in Complex Cases I begin with the assumption that the… Continue reading Effective Mediation Techniques for Complex Cases – Part Two
Coming to Construction Claims – The Collateral Source Rule
Andrew Atkins, Peter Marino and William Vaughn | Smith Anderson In another significant opinion from the North Carolina appellate courts, the Court of Appeals recently expanded the application of the collateral source rule to negligence claims arising out of construction disputes in a case of first impression, Carolina-A-Contracting, LLC v. J. Scott Campbell Construction Company, Inc.,… Continue reading Coming to Construction Claims – The Collateral Source Rule
Settlement Agreement? It Ain’t Over ‘Til it’s . . . Final, in Writing, Fully Executed, and Admissible
Tod Likman | Colorado Construction Litigation As litigators we have all been there: nearing the end of a hard-fought mediation that lasted all day. Your significant other texts to ask what is for dinner; daycare closes in thirty minutes; the dog needs to be let out. The mediator, a retired judge, gently reminds you of his prior… Continue reading Settlement Agreement? It Ain’t Over ‘Til it’s . . . Final, in Writing, Fully Executed, and Admissible