Heather Zipperer | Higgins, Hopkins, McLain & Roswell The recent Town of Mancos v. Aqua Engineering case is an insightful example of how well written contracts and timely legal action can make all the difference in resolving disputes between municipalities, general contractors, and subcontractors. The ruling favored Aqua Engineering; a subcontractor that played a role in a… Continue reading Flushing Away Liability: What the Aqua Engineering Case Means for Contractors and Subcontractors
Month: October 2024
A Win for Policyholders: Court Finds Flood Exclusion Inapplicable to Plumbing Leaks Caused by Hurricane Rainfall
Kelly A. Johnson and Damian S. Barquin | SDV Insights A recent decision by a federal court helps clear the path to coverage for property owners this hurricane season. The Court deemed one property policy’s flood exclusion inapplicable to bar coverage for water damage from backed-up drainage and overflow caused by excessive rainfall. The case,… Continue reading A Win for Policyholders: Court Finds Flood Exclusion Inapplicable to Plumbing Leaks Caused by Hurricane Rainfall
Is Blockchain the Next Big Thing for Insurance Companies?
Gina Alsdorf, Esq. and Jason Berkun | Carlton Fields The financial service industry has been on a quest to automate processes for some time. Many computer processes work without much human interaction, if any at all. However, because there are still many processes performed by hand and keyed in after the fact, there are still… Continue reading Is Blockchain the Next Big Thing for Insurance Companies?
Insurer Waives Objection to Appraiser’s Partiality by Waiting Until Appraisal Issued
Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit affirmed the district court’s denial of the insurer’s objections on partiality grounds to the insured’s appraiser. Biscayne Beach Club Condominium Association, Inc. v. Westchester Surpus Lines Ins. Co., 2024 U.S. App. LEXIS 19663 (11th Cir. Aug. 6. 2024). Storms damaged buildings at… Continue reading Insurer Waives Objection to Appraiser’s Partiality by Waiting Until Appraisal Issued
Should I Stay or Should I … Dismiss: Supreme Court Mandates Federal Courts To Stay, Not Dismiss, Actions Under the Federal Arbitration Act
Matthew H. Mues | Davis Wright Tremaine The question is often raised whether to file a lawsuit in court if claims are subject to arbitration. There are myriad reasons (statutory requirements, statute of limitations/repose, subpoena powers of courts, etc.) why a party may want to first file a lawsuit in court and then stay (or… Continue reading Should I Stay or Should I … Dismiss: Supreme Court Mandates Federal Courts To Stay, Not Dismiss, Actions Under the Federal Arbitration Act