Campbell Stuart | Cozen O’Connor “We cannot enforce insurance provisions that render coverage so narrow it is illusory.”[1] The Washington Supreme Court used this reasoning to hold that a contractor’s commercial general liability policy was unenforceable where it required that an “occurrence” occur and a claim be made and reported to the insurer in the… Continue reading Washington Supreme Court Holds Certain Hybrid Occurrence/Claims-Made and Reported Policies May Violate Public Policy
Month: May 2023
Efforts Expected of a Contractor When Efforts Clauses Are in Dispute
Tamara L. Boeck | Stoel Rives You will often see in construction contracts terms directing the contractor to use “best efforts” or “reasonable efforts” or “commercially reasonable efforts,” but what do they mean? Take as an example a project that is past the preliminary hurdles. The project is progressing in good faith, although not perfectly,… Continue reading Efforts Expected of a Contractor When Efforts Clauses Are in Dispute
Construction Litigation Roundup: “… and the Kitchen Sink!”
Daniel Lund III | Phelps Dunbar … and the kitchen sink! In a case that is a roadmap to recovery for a surety against individual indemnitors, the individual indemnitors resisted their indemnity obligations asserting – unsuccessfully – every possible defense imaginable. The indemnitors had all signed an indemnity agreement with the surety, which wrote a… Continue reading Construction Litigation Roundup: “… and the Kitchen Sink!”
Florida Legislature Enacts Major Changes to the Statute of Repose for Construction Defect Claims
Cesar Avila and Kellyt Melchiondo | Bilzin Sumberg On April 13, 2023, governor Ron DeSantis signed Senate Bill 360 (“SB 360”) into law, which drastically reduces the time limit for property owners to file suit against builders and construction professionals for construction defects and imposes a more stringent standard for bringing a claim under the… Continue reading Florida Legislature Enacts Major Changes to the Statute of Repose for Construction Defect Claims
Preparing For And Responding To A Large Property Loss
Jason Cables | Ankura Consulting Group Often, the last thing a company wants to address immediately following a large property loss is an insurance claim. However, the claims preparation process is vital to ensuring that a business survives a large property loss. Throughout my career of measuring and preparing large property losses for insureds, I… Continue reading Preparing For And Responding To A Large Property Loss