Garret Murai | California Construction Law Blog A few years ago I listened to an NPR segment called “What Can Kids Learn by Doing Dangerous Things?” It was about a summer program called the Tinkering School where kids can learn to build things, using tools of course, including power tools. The founder of the program,… Continue reading Jury Could Have Found That Scissor Lift Manufacturer Should Have Included “Better” Safety Features
Month: December 2023
Courthouse Reporter Series: The Bizarre Case That Required a 117-Year-Old Expert
Todd Heffner | Troutman Pepper A recent decision by the Georgia Court of Appeals, Munro v. Georgia Department of Transportation, highlights how overly specific and inflexible rules of evidence can create peculiar results. Munro involved a dispute over the design of a Georgia intersection. No. A23A0404, 2023 WL 4194716 (Ga. Ct. App. June 27, 2023). The plaintiff… Continue reading Courthouse Reporter Series: The Bizarre Case That Required a 117-Year-Old Expert
Subrogation Rights in R&W Insurance Policies
Arthur Aufses III, Lee Turner adn Jennifer S. Windom | Kramer Levin Naftalis & Frankel The volume and size of insurer payments under R&W insurance policies are increasing. According to a May 2023 Aon study, the average R&W insurance claim payment to Aon clients in 2022 was $9 million, “significantly higher than the average claim… Continue reading Subrogation Rights in R&W Insurance Policies
Contract Should Have Clear and Definite Terms to Avoid a Patent Ambiguity
David Adelstein | Florida Construction Legal Updates If you need more of a reason to have contracts with clear and definite terms, this case is it. This case exemplifies what can happen if the contract, not only does not have clear and definite terms, but contains a patent ambiguity. The contract will be deemed unenforceable which will… Continue reading Contract Should Have Clear and Definite Terms to Avoid a Patent Ambiguity
Appraisal Goes Forward Even Though Insurer Has Yet to Determine Coverage on Additional Claims
Tred R. Eyerly | Insurance Law Hawaii The trial court’s order granting the insured’s motion to stay litigation and compel an appraisal was affirmed even though the insurer had not determined coverage on the insured’s additional claims.Heritage Prop. & Cas. Ins. Co. v. Wellington Place HOA, 2023 Fla. App. LEXIS 6405 (Fla. Ct.… Continue reading Appraisal Goes Forward Even Though Insurer Has Yet to Determine Coverage on Additional Claims