Robert Dube | Eckland & Blando In the high-stakes chess match of litigation , one of the most powerful moves in a litigant’s arsenal is a Fed. R. Civ. P. 12(c) Motion for Judgment on the Pleadings (“MJP”).[1] Think of it like a superior cousin to a Fed. R. Civ. P. 12(b)(6) Motion to Dismiss (“MTD”),… Continue reading Chess not Checkers: Why Litigants Should Use Rule 12(c) Motions for Judgment on the Pleadings Instead of a Rule 12(b)(6) Motions to Dismiss
Month: July 2024
Water Alone is Not Property Damage under a CGL policy in Connecticut
Bill Wilson | Construction Law Zone The Connecticut Appellate Court recently provided guidance on what does not constitute property damage under a typical contractor’s Commercial General Liability (CGL) insurance policy in Westchester Modular Homes of Fairfield County, Inc. v. Arbella Protection Ins. Co., 224 Conn App. 526 (2024). In this case, the contractor defended construction defect… Continue reading Water Alone is Not Property Damage under a CGL policy in Connecticut
Construction Contracts: How Prevailing Party Clauses Offer Leverage to the Little Guy
John Swansinger | Buckingham, Doolittle & Burroughs A prevailing party clause is a contractual provision that requires the court or arbitrator to include the winning litigant’s attorneys’ fees and costs associated with the dispute as part of an award or judgment. In construction contracts, a prevailing party clausecan encourage the parties embroiled in a dispute… Continue reading Construction Contracts: How Prevailing Party Clauses Offer Leverage to the Little Guy
Can Express Policy Language Help Insurers Recover Defense Costs for Uncovered Claims?
Sara Nau and Scott Keffer | Phelps Dunbar Over the last several years, courts have signaled that insurers may face greater difficulty obtaining reimbursement of defense costs for uncovered claims. Now, courts are more split than ever. The previous majority view was that carriers have an equitable right to reimbursement of defense costs for uncovered… Continue reading Can Express Policy Language Help Insurers Recover Defense Costs for Uncovered Claims?
An Unresolved Issue Of Tennessee Coverage Law: The Scope Of Pollution Exclusions
Junaid Savani | Kennedys Insurers often include exclusions within their liability policies to prohibit coverage for claims arising out of pollution exposure. The exact wording of the exclusion can differ significantly, but the key issue is whether the underlying allegations fall within the scope of the exclusion. In this regard, there are “two distinct views”… Continue reading An Unresolved Issue Of Tennessee Coverage Law: The Scope Of Pollution Exclusions