Kenneth Gorenberg and Kelly K. Koss | Barnes & Thornburg Highlights The Illinois Supreme Court opened the door for commercial general liability (CGL) policies to potentially cover construction defect cases The court held CGL policies can provide coverage in Illinois for damage caused by inadvertent construction defects This decision reverses a previous tendency among Illinois… Continue reading Illinois Supreme Court Changes Law for Construction Defect Coverage
Month: December 2023
Insurance Issues In Commercial Contracts: A Checklist For Dealmakers
Andrew L. Field | Taft Stettinius & Hollister A wide variety of commercial contracts arising across industries include insurance coverage requirements. Although dealmakers often agree to counterparty forms or boilerplate language on this topic, doing so may result in the assumption of unnecessary risk. This article describes typical insurance clauses and advises on key drafting… Continue reading Insurance Issues In Commercial Contracts: A Checklist For Dealmakers
Unjust Enrichment Claims When There is no Binding Contract
David Adelstein | Florida Construction Legal Updates A recent appellate opinion starts off, “This is a typical South Florida construction dispute.” (See case citation at the bottom) Let’s see, is it? No. It’s a garden variety payment dispute where the parties did NOT have a binding contract. Why? That’s for a different day (because the smart… Continue reading Unjust Enrichment Claims When There is no Binding Contract
Leading Out Loud: Subrogation
Sean Garrett and Lucy Avsharian | The CLM How is artificial intelligence changing the subrogation process? How has the economy changed carriers’ appetite to identify subrogation opportunities? And finally, how has increased M&A activity in the subrogation space affected the level of service provided by subrogation firms? Artificial intelligence (AI) is impacting all parts of… Continue reading Leading Out Loud: Subrogation
Spoliation And The Evolution Of Case Law
Kathryn C. Cole | GreenbergTraurig In Seattle Tunnel Partners v. Great Lakes Reinsurance (UK) PLC, __ P.3d __ (Wash. Ct. App. Mar. 27, 2023), the Washington Court of Appeals, Division 1, discusses the evolution of Washington case law on spoliation of evidence and details the circumstances justifying the imposition of spoliation sanctions in the jurisdiction. Interestingly,… Continue reading Spoliation And The Evolution Of Case Law