William C. Miller and Robert L. Wallan | Pillsbury Winthrop Shaw Pittman Courts don’t look kindly upon insurance company shell games. In Preferred Contractors Ins. Co. v. Baker & Son Construction, the Washington Supreme Court slapped down an insurer’s attempt to manipulate the type of general liability “trigger” it wrote to sell coverage that was illusory.… Continue reading Heads I Win, Tails You Lose: Washington Supreme Court Rejects Insurers’ Efforts To Sell Illusory Insurance Coverage
Month: August 2023
Construction Comparative Guide
Michael Zicherman | Peckar & Abramson 1 Legal framework 1.1 Which legislative and regulatory provisions govern construction projects in your jurisdiction? A vast array of legislative and regulatory provisions govern construction in the United States, at both the federal and state levels, as well as the local level (cities and municipalities). Depending on the project,… Continue reading Construction Comparative Guide
Check the Boxes Regarding Contractual Conditions Precedent to Payment
David Adelstein | Florida Construction Legal Updates Remember this: complying with contractual conditions precedent to payment is important. There is a reason why construction contracts include contractual conditions precedent to payment. The contract does not include this language for sh*ts and giggles. This language is included to establish what is required of the payee before payment becomes due. There… Continue reading Check the Boxes Regarding Contractual Conditions Precedent to Payment
The Design Liability Hot Potato: The Spectrum Between Collaboration and Delegated Design
Mark Stockman | Frantz Ward The Benefits of CollaborationIn today’s construction industry, it is no secret that there is always increasing pressure to speed up schedules and to keep costs down. One key factor that can help achieve these goals is to increase the coordination between the various stakeholders in the project so that all… Continue reading The Design Liability Hot Potato: The Spectrum Between Collaboration and Delegated Design
Circuit Court Lacks Appellate Jurisdiction Over Order Compelling Appraisal
Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit determined it lacked appellate jurisdiction over an order issued by the district court compelling an appraisal. Breakwater Commons Ass’n, Inc. v. Empire Indem. Ins. Co., 2023 U.S. App. LEXIS 14459 (11th Cir. June 9, 2023). Following Hurricane Irma, Breakwater Commons Association filed a… Continue reading Circuit Court Lacks Appellate Jurisdiction Over Order Compelling Appraisal