Jordan R. Plitt | Claims Journal Standard property policies typically contain an exclusion which provides that the insurer “will not pay for loss or damage caused directly or indirectly by . . . water that backs up or overflows from a sewer, drain, or sump.” A reasonable reading of that language would likely include within… Continue reading Does a Water Backup Exclusion Include Sewage?
Month: October 2022
Water Damage Restoration – A Guide to Advanced Structural Drying
Theresa Chimento | J.S. Held Overview Advanced Structural Drying (ASD) is the effective, efficient drying of water-damaged buildings and dwellings, using comprehensive knowledge and tools. The process includes the collection of appropriate data for utilization and application of scientific and technical principles. Psychrometry – the science of drying, helps to track moisture content, drying progress,… Continue reading Water Damage Restoration – A Guide to Advanced Structural Drying
The Great Debate: Do You Arbitrate Commercial Disputes?
David Taylor | Bradley In a civil case, is it wiser for a business to try to persuade the counterparty to agree from the outset to arbitration—or potentially to place it’s very solvency in the unpredictable hands of a judge and jury? Many “form” commercial contracts contain clauses mandating that any disputes that arise be… Continue reading The Great Debate: Do You Arbitrate Commercial Disputes?
The Difference Between Differing Site Conditions And Superior Knowledge
Brian Waagner | Husch Blackwell The decision of the Court of Federal Claims in Marine Industrial Construction LLC v. United States, 158 Fed. Cl. 158 (2022), includes detailed analysis of several legal issues familiar to contractors facing challenging subsurface conditions on a federal construction contract. In addition to the sufficiency of the contractor’s compliance with the unique notice requirements… Continue reading The Difference Between Differing Site Conditions And Superior Knowledge
It’s Not You, It’s Them: Dealing With Insurance Coverage Denials
Latosha M. Ellis | Hunton Insurance Recovery Blog If your company has an emergency response plan—and it likely does—filing an insurance claim needs to be included in that plan. But what if your insurer stretches out the consideration process by making continuous, costly information requests without making a coverage determination? Or decides to deny coverage… Continue reading It’s Not You, It’s Them: Dealing With Insurance Coverage Denials