Justin K. Fortescue | White & Williams The selection of an arbitration panel can often lead to disputes between the parties regarding things like whether a particular candidate is qualified, whether a challenge to an arbitrator’s qualifications can be addressed pre-award and whether a party that names an unqualified arbitrator should lose the opportunity to… Continue reading Disputes Over Arbitrator Qualifications: The Northern District of California Offers Some Guidance
Month: September 2021
No Bad Faith When Insurer Relied on Opinion of Independent Consultant
Alycen A. Moss and Elliot Kerzner | Property Insurance Law Observer The Court of Appeals of Georgia recently held that an insurer’s reliance on the report of an independent consultant creates a presumption that it did not act in bad faith in denying coverage. In Montgomery v. Travelers Home and Marine Ins. Co., 859 S.E.2d 130… Continue reading No Bad Faith When Insurer Relied on Opinion of Independent Consultant
ASBCA Holds That Anticipated Days Of Adverse Weather Do Not Decrease Delay Damages
Maria Panichelli | Obermayer Rebmann Maxwell & Hippel Many construction contractors working with the United States Army Corps of Engineers (USACE) have seen it happen: they experience a government-caused delay or suspension, which USACE agrees to pay for, but then USACE deducts the anticipated adverse weather days stated in the contract for the delay period… Continue reading ASBCA Holds That Anticipated Days Of Adverse Weather Do Not Decrease Delay Damages
Florida Court Gives Parties Assigned a Subrogation Claim a Math Lesson
Lian Skaf | The Subrogation Strategist Although the focus of most subrogation cases is usually on proving liability, determining the appropriate measure of damages is just as important. Sometimes turning on a nuanced argument for recoverability, an adverse holding can significantly boost or reduce the total damages in a case. The Court of Appeal of… Continue reading Florida Court Gives Parties Assigned a Subrogation Claim a Math Lesson
Homeowner’s Claims Defeated Because “Gravamen” of Complaint was Fraud, not Breach of Contract
Garret Murai | California Construction Law Blog Be careful what you wish for or, as in the next case, what you plead. In Vera v. REL-BC, LLC, Case Nos. A155807, A156823, and A159141 (June 30, 2021) 1st District Court of Appeal, a the buyer of a remodeled home who asserted breach of contract and fraud claims… Continue reading Homeowner’s Claims Defeated Because “Gravamen” of Complaint was Fraud, not Breach of Contract