Tred R. Eyerly | Insurance Law Hawaii The Colorado Supreme Court determined that the insurer defending under a reservation of rights could not intervene in the underlying case after the insured assigned its rights to any bad faith claim against the insurer. Auto-Owners Ins. Co. v. Bolt Factory Lofts Owners Ass’n, Inc., 2021 Colo.… Continue reading Insurer Motion to Intervene in Underlying Case Denied
Month: August 2021
Arbitration Demand Letter Constitutes a Claim Requiring Timely Notice
Katelyn Cramp | Wiley Rein Applying Arizona law, a federal district court has held that an insured’s failure to provide notice of an arbitration demand letter barred coverage for the arbitration later filed against the insured. Supima v. Philadelphia Indem. Ins. Co., 2019 WL 6770061 (D. Ariz. June 16, 2021). The insured non-profit purchased eleven directors… Continue reading Arbitration Demand Letter Constitutes a Claim Requiring Timely Notice
Construction Industry Trends And Predictions Through 2021 And Beyond: Insurance And Emerging Threats
Krista D. Warren | Brennan Manna & Diamond A 2021 survey identified three key issues impacting the construction industry in 2021: (1) the financial health of contractors; (2) the continuing risk of the pandemic; and (3) technology driving productivity, but also increasing the risk of cybersecurity threats. With this backdrop, insurance premiums in the construction industry are… Continue reading Construction Industry Trends And Predictions Through 2021 And Beyond: Insurance And Emerging Threats
Can a Home Builder Disclaim Implied Warranties of Workmanship and Habitability?
Kevin J. Parker | Snell & Wilmer In a recent Arizona Court of Appeals case, Zambrano v. M & RC II LLC, 2021 WL 3204491 (7/29/2021), the Court of Appeals addressed the question whether a home builder’s attempt to disclaim implied warranties of workmanship and habitability was effective. In that case, the buyer initialed the builder’s prominent… Continue reading Can a Home Builder Disclaim Implied Warranties of Workmanship and Habitability?
So a Lawsuit Is on the Horizon…
Sean Donoghue | Construction Executive As certain as death and taxes, documents will need to be exchanged in the event of a lawsuit. Here is what to expect and a few tips for reducing costs and protecting the case. WHAT NEEDS TO BE PRODUCED? Discovery is broad, but proportional to the needs (i.e., usually the… Continue reading So a Lawsuit Is on the Horizon…