Alexandra C. “Allie” Apple | ConstructLaw Town of New Milford v. Std. Demolition Srvcs., Inc., 212 Conn. App. 30 (2022) The case involved cleanup and environmental remediation of a vacant factory contaminated with polychlorinated biphenyls and asbestos. The town of New Milford (Town) contracted with Standard Demolition Services, Inc. (Contractor) to perform the third phase… Continue reading Careful Contract Drafting Could Mean Recovery of Liquidated Damages and Actual and Consequential Damages
Month: October 2022
Commercial General Liability Insurance: Don’t Get Caught Slipping Without It
Gabreal Belcastro and John Lingelbach | Koley Jessen Commercial General Liability (“CGL”) insurance, also known as “business liability insurance” or simply “general liability insurance,” is a standard type of business insurance carried by companies to protect against “general claims.” “General claims” are claims brought by customers or other third parties which generally involve bodily injury… Continue reading Commercial General Liability Insurance: Don’t Get Caught Slipping Without It
Failure to Allege Property Damage Within Policy Period Defeats Insured’s Claim
Tred R. Eyerly | Insurance Law Hawaii The insured’s inability to determine when water damage occurred meant it could not pursue claims of property damage against the insurers. Creek v. State Farm Fire & Cas. Co., 2022 U.S. Dist. LEXIS 116939 (W.D. Wash. July 1, 2022). Gold Creek Condominium complex experienced water… Continue reading Failure to Allege Property Damage Within Policy Period Defeats Insured’s Claim
The Choice Is Yours – Or Is It? Anti-Choice-of-Laws Statutes Applicable to Construction Contracts
Tiffany Raush and Tanya McGill | ConsensusDocs During contract negotiations and review, the parties make choices about what risks they are willing to accept and at what cost. But one often overlooked choice—the choice of law applicable to the contract—can undermine carefully negotiated construction contracts and expose contractors to risks they never intended to accept. … Continue reading The Choice Is Yours – Or Is It? Anti-Choice-of-Laws Statutes Applicable to Construction Contracts
Professional Services and Contract Exclusions Do Not Bar Coverage for Settlement of False Claims Act Investigation
William Besl, Jr. | Wiley Rein The Delaware Superior Court has held that a professional services exclusion and a contract exclusion in a D&O policy do not bar coverage for a False Claims Act settlement. Guaranteed Rate, Inc. v. ACE Am. Ins. Co., 2022 WL 4088596 (Del. Super. Ct. Aug. 24, 2022). The court also held… Continue reading Professional Services and Contract Exclusions Do Not Bar Coverage for Settlement of False Claims Act Investigation