Ezhan Hasan | Wiley Rein The Supreme Court of Delaware has held that a letter received by an insured from an attorney purporting to represent unidentified plaintiffs and forecasting future litigation did not constitute a “claim for damages” under a claims-made policy. Zurich Am. Ins. Co. v. Syngenta Crop Prot., LLC, 2024 WL 763418 (Del. Feb.… Continue reading Delaware’s Supreme Court Addresses What Constitutes a “Claim for Damages”
Category: Insurance Claims
Connecticut’s New False Claims Act Increases Risk to Public Construction Participants
Fred Hedberg and William Stoll | Construction Law Zone After several decades, Governor Ned Lamont signed a bill into law, effective July 1, 2023, An Act Concerning Liability for False and Fraudulent Claims, Public Act No. 23-129, eliminating language that previously limited enforcement of Connecticut’s False Claims Act to claims relating to a state-administered health or… Continue reading Connecticut’s New False Claims Act Increases Risk to Public Construction Participants
Breach vs. Default — What’s the difference?
John Mark Goodman | BuildSmart The words breach and default are often used interchangeably to indicate that somebody hasn’t done what they were legally required to do. According to Black’s Law Dictionary, the words do appear somewhat interchangeable. Black’s defines breach as “a violation or infraction of a law, obligation, or agreement, especially of an official duty or a legal obligation.” … Continue reading Breach vs. Default — What’s the difference?
“The Lines Are Not Blurred”: Attorney Claim Handlers Are Not Protected by Attorney-Client Privilege
Michael S. Levine and Torrye Zullo | Hunton Insurance Recovery Blog A Michigan federal court in Wolverine World Wide Inc. v. The American Insurance Co. et al., No. 1:19-cv-00010 (W.D. Mich.), recently confirmed what should go without saying – a claim handler is a claim handler, even if they may also be a lawyer. Recognizing that… Continue reading “The Lines Are Not Blurred”: Attorney Claim Handlers Are Not Protected by Attorney-Client Privilege
Recovering Lost Profits in Construction Claims: What Should Project Owners Do?
Blake Robinson | Davis Wright Tremaine One common consequence when a construction goes sideways, whether because the project is delayed or defects arise, is that the owner suffers lost revenue. For example, an apartment complex owner loses out on three months of rent when a project is completed three months after the substantial completion date… Continue reading Recovering Lost Profits in Construction Claims: What Should Project Owners Do?