Craig Rokuson | Traub Liberman In the recent case of Travelers Indem. Co. v. Trisura Specialty Ins. Co., 2024 U.S. Dist. LEXIS 101953 (S.D.N.Y. June 7, 2024), the court had occasion to consider the classic additional insured fact pattern of a construction accident. Travelers insured the general contractor and provided a defense to the general contractor… Continue reading Federal Court Holds that Demolition Exclusion Does Not Apply and Carrier Has Duty to Defend Additional Insureds
Month: September 2024
Yes, Prejudice May Be Included in a Court’s Analysis of a Waiver of Arbitration
Bryan Hahm | Gibbons In a recent published opinion, Marmo & Sons General Contracting, LLC v. Biagi Farms, LLC, the Appellate Division affirmed the trial court’s finding that a party had waived its contractual right to compel arbitration. At issue was the non-moving party’s assertion that the U.S. Supreme Court’s 2022 decision in Morgan v. Sundance, Inc. forbade… Continue reading Yes, Prejudice May Be Included in a Court’s Analysis of a Waiver of Arbitration
How Many Depositions Are Enough?
Esquire Deposition Solutions Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be increased (or decreased) by stipulation, by court order, and by local court rule. In fact,… Continue reading How Many Depositions Are Enough?
Additional Insured Not Entitled to Coverage for Named Insured’s Defective Work
Tred R. Eyerly | Insurance Law Hawaii The Court of Appeals for the Seventh Circuit determined there was no duty to defend or to indemnify the additional insured for the named insured’s defective work. St. Paul Guardian Ins. Co., et al. v. Walsh Construction Co., 99 F. 4th 1035 (7th Cir. 2024). … Continue reading Additional Insured Not Entitled to Coverage for Named Insured’s Defective Work
Five Issues to Consider in Government Contracting (or any Contracting!)
David Adelstein | Florida Construction Legal Updates The appeal of Appeals of – Konecranes Nuclear Equipment & Services, LLC, ASBCA 62797, 2024 WL 2698011 (May 7, 2024) raises interesting, but important, issues that should be considered. In this case, the government (in a supply contract) procured four portal cranes from the claimant. After an initial test… Continue reading Five Issues to Consider in Government Contracting (or any Contracting!)