Sarah Odia and Scott Thomas | Payne & Fears On Oct. 28, 2021, the Nevada Supreme Court in Zurich American Insurance Company v.. Ironshore Specialty Insurance Company, 137 Nev. Adv. Op. 66, held that an insured can rely on extrinsic facts to show that an insurer has a duty to defend the insured, as long as… Continue reading Nevada Insureds Can Rely on Extrinsic Facts to Show that An Insurer Owes a Duty to Defend
Month: November 2021
Would You Like the Implied Warranty? A Look at Disclaimers of the Home Construction Warranties
Mark W. Vyvyan | Fredrikson & Byron New homebuyers often discover imperfections in their newly-constructed homes. Some of these imperfections are construction defects and others are simply part of the construction process. Homeowners may assume they have warranty coverage against construction defects, but they have often signed documents disclaiming or limiting warranty coverage. In a… Continue reading Would You Like the Implied Warranty? A Look at Disclaimers of the Home Construction Warranties
Fixing That Mistake
Patrick Barthet | Construction Executive Someone once said, more people could learn from their mistakes if they weren’t so busy denying that they made them in the first place. In the construction industry, mistakes are not uncommon. Addressing them, however, can be complicated. What should a contractor do when the project owner says some aspect… Continue reading Fixing That Mistake
Second Circuit Rules Indemnity Provision in Construction Contract Trumps “Other Insurance” Clause in Determining Priority of Coverage
Scott Seaman | Insights for Insurers A recent decision by a panel of the U.S. District Court of Appeals for the Second Circuit serves as a reminder that sometimes insurers and policyholders must look outside the insurance policies to determine the priority of coverage among insurance contracts. We have previously discussed how, in some instances,… Continue reading Second Circuit Rules Indemnity Provision in Construction Contract Trumps “Other Insurance” Clause in Determining Priority of Coverage
The Effect of Our Changing Climate on Building Design
Matthew Georgitis | Spilman Thomas & Battle Over the past couple decades, building codes have responded to disasters, rather than averting them. Resilience is now an essential design element needed to withstand our changing climate. In the immortal words of Bob Dylan, “the times, they are a-changin’.” Intensified and more frequent hurricanes on the East… Continue reading The Effect of Our Changing Climate on Building Design