Dr. Ken Broda-Bahm | Persuasive Litigator So the expert has arrived in town for trial. Their testimony could come today…or maybe by Thursday, and it isn’t unthinkable that it could get pushed into next week. Meanwhile, the waiting, and the billing, continues. This is just one of the factors that makes litigation expensive, creating unequal… Continue reading Experts: Testify Remotely Without Losing Influence
Month: January 2022
Owner’s Design Defects Can Excuse Contractor’s Own Defective Performance
James Yand | Miller Nash Generally, the implied warranty of the adequacy of the plans and specifications, also known as the Spearin Doctrine, allocates risk to the owner for any defect in the design of the project. This influential federal decision has been applied by state courts across the country, including its adoption as part of Washington… Continue reading Owner’s Design Defects Can Excuse Contractor’s Own Defective Performance
No Expectation of Privacy for Representative of Insurance Company Performing an Appraisal
Denise Marra DePekary and Kenneth Sharperson | Weber Gallagher Simpson Stapleton Fires & Newby Sometimes there is a disagreement between an insurer and an insured regarding the valuation of a property damage claim. To resolve these disputes, many homeowners and commercial property insurance policies contain appraisal provisions that provide an option for the insured or… Continue reading No Expectation of Privacy for Representative of Insurance Company Performing an Appraisal
What Goes Around Comes Around
Jonathan Bank, Matthew Murphy and Ernesto Rafael Palomo | Locke Lord In 1990, the Second Circuit in Bellefonte Reinsurance Co. v. Aetna Casualty & Surety Co., 903 F.2d 910 (2d Cir. 1990), affirmed a District Court judgment that reinsurers were not obligated to pay additional sums for defense costs over and above the limits of liability… Continue reading What Goes Around Comes Around
Florida’s Statute Of Repose – Elimination Of Stale Claims
Anthony S. Wong and Lee H Jeansonne | Wood, Smith, Henning & Berman Big changes may be on the horizon for Florida statute of repose for construction claims. Florida SB 2022-736 proposes to amend Fla. Stat. §95.11(3)(c) to eliminate the distinction between patent and latent claims and apply a uniform four year statute of repose… Continue reading Florida’s Statute Of Repose – Elimination Of Stale Claims