Tred R. Eyerly | Insurance Law Hawaii The court found that the insurer continued to be bound by a defense agreement entered with the insured who merged with another company. Continental Ins. Co. v. Neles-Jamesbury, Inc., 2023 U.S. Dist. LEXIS 52521 (D. Mass. March 28, 2023). In 1990, Neles-Jamesbury became the sucessor… Continue reading Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured
Month: June 2023
The Preservation Maze
Sofya Uvaydov | Appellate Strategy To appropriately preserve an issue for appeal is frankly confusing to many attorneys due to differing rules depending on the issue or procedural posture (presumably why appellate attorneys are more commonly used during trial). On May 25th, the US Supreme Court handed down Dupree v. Younger, 598 U.S. __ (2023) clarifying… Continue reading The Preservation Maze
Giving Insurance Carrier Prompt Notice of Claim to Avoid “Untimely Notice” Defense
David Adelstein | Florida Construction Legal Updates When it comes to giving your insurance carrier notice of claim, I am an advocate of providing that notice as soon as possible, i.e., prompt notice. The reason is to take away the carrier’s argument to deny coverage because you, as the insured, failed to provide it with prompt… Continue reading Giving Insurance Carrier Prompt Notice of Claim to Avoid “Untimely Notice” Defense
In Pennsylvania, Contractors Can Be Liable to Third Parties for Obvious Defects in Completed Work
Michael DeBona | The Subrogation Strategist In Brown v. City of Oil City, No. 6 WAP 2022, 2023 Pa. LEXIS 681 (2023), the Supreme Court of Pennsylvania (Supreme Court) recently held that a contractor can be liable for dangerous conditions it creates even if the hazard is obvious or known by the property owner. In City of Oil… Continue reading In Pennsylvania, Contractors Can Be Liable to Third Parties for Obvious Defects in Completed Work
The Four Types of Depositions
Esquire Deposition Solutions There are four main ways to conduct a pretrial deposition in modern law practice: the deposition by written question, the in-person deposition, the remote deposition, and the hybrid deposition. Each has its strengths and limitations, and each can be appropriate in the right circumstances. This post summarizes each type of deposition, along… Continue reading The Four Types of Depositions