SDV Insights A recent decision by the United States District Court for the District of Connecticut further confirms that Connecticut courts follow the majority rule that contractual anti-assignment clauses do not bar assignment of an insured’s claim after the loss occurred.1 The September 2022 decision in Am. Guarantee & Liability Ins. Co. v. 51 Roses Mill… Continue reading Connecticut Federal District Court Follows Majority Rule on Insurance Policy Anti-Assignment Clauses
Month: July 2023
Construction Litigation Roundup: “Tender Is the Fight”
Daniel Lund III | Phelps Dunbar A performance bond surety for a defaulted general contractor principal found itself with a recalcitrant owner which refused to accept the tender of a replacement general contractor to complete a $3,000,000 construction project in Monmouth County, New Jersey. Even before the original GC was off the job, the surety… Continue reading Construction Litigation Roundup: “Tender Is the Fight”
An Uncharted Frontier: Nevada First State to Prohibit Defense-Within-Limits Provisions
Geoffrey B. Fehling and Andrew S. Koelz | Hunton Andrews Kurth Nevada recently became the first state to prohibit defense-within-limits provisions in liability insurance policies. Defense-within-limits provisions—resulting in what’s called “eroding” or “wasting” policies—reduce the policy’s applicable limit of insurance by amounts the insurer pays to defend the policyholder against a claim or suit. These… Continue reading An Uncharted Frontier: Nevada First State to Prohibit Defense-Within-Limits Provisions
Nobody’s Perfect(ed): The Complex Landscape of Mechanic’s Liens in Virginia
Brian Clarke | Sands Anderson Mechanic’s liens have long been a valuable tool for mechanics and materialmen in the Commonwealth to secure their rights to payment. Yet, despite mechanic’s liens having been in existence for well over a century, properly perfecting and enforcing a mechanic’s lien continues to prove an extraordinarily difficult task, even for… Continue reading Nobody’s Perfect(ed): The Complex Landscape of Mechanic’s Liens in Virginia
New Amendments to Florida’s Construction Lien Law
Ralf R. Rodriguez and Benjamin Keime | Cozen O’Connor On June 12, 2023, Governor Ron DeSantis signed Florida House Bill 331 into law. This new bill amends Florida’s Construction Lien Law, Chapter 713, Fla. Stats. The new legislative amendments go into effect on October 1, 2023. The amendments, among other things, expand the definition of… Continue reading New Amendments to Florida’s Construction Lien Law