Thais Passerieu | Butler Weihmuller Katz Craig In a recent decision from the United States District Court for the Middle District of Florida, Tampa Division, styled KT State & Lemon, LLP et al. v. Westchester Fire Ins. Co. et al.,[1] the Court granted summary judgment to the Plaintiffs and held that a series of leaks occurring over… Continue reading Words Matter: a Series of Leaks Constitutes a Single Occurrence Under Particular Policy Language
Month: May 2023
An Insurance Company’s Generic Reservation of Right can Lead to a Waiver of a Late Notice Defense
Anthony Crawford | Red Smith For insurance recovery attorneys, one of the more frustrating ways for a policyholder to lose coverage for a property loss is on the basis of late notice. Property insurance policies generally require the policyholder to give the insurance company “prompt notice” of claims and potential claims. Property policies may specify… Continue reading An Insurance Company’s Generic Reservation of Right can Lead to a Waiver of a Late Notice Defense
How To Draft Fee-Shifting Provisions in Indemnification Clauses
Heather Benzmiller Sultanian and Jarrett H. Gross | Sidley Austin Delaware courts have determined that even quite broad language referencing attorneys’ fees may not be explicit enough to shift fees in first-party litigation. Deal lawyers will be very familiar with indemnification clauses, which are a standard term in most M&A contracts. Although the precise language… Continue reading How To Draft Fee-Shifting Provisions in Indemnification Clauses
Endorsements Typically Used in the Construction Industry
Sacks Tierney Insurance policies often include endorsements that materially alter the scope of coverage, especially in residential and multi-use construction. Very often insurance policies include endorsements that materially alter the scope of coverage, especially in residential and multi-use construction. When blindsided by an endorsement excluding coverage, all is not lost. These endorsements may be subject… Continue reading Endorsements Typically Used in the Construction Industry
How Technology Reduces the Risk of Façade Defects
Ori Aphek | Construction Executive The shell of the building is an onlooker’s first impression and crafts the architectural aesthetic, but it also plays a crucial role in enabling energy efficiency and protecting against the elements. Because façades are in direct contact with the elements, issues with water intrusion are the most common problem and… Continue reading How Technology Reduces the Risk of Façade Defects