Eric M. Clarkson | Saxe Doernberger & Vita The risks and losses associated with construction operations and property development push many insurance concepts to their limits. As a result, the construction industry has long been at the forefront of many complex insurance coverage issues and both drives but also depends on market standards to assess… Continue reading Emerging Issues in Construction CGL Insurance Part 1: Continuing or Progressive Loss Exclusions
The Ninth Circuit Wants Everyone to Stop Forgetting About the Appraisal Provision
Colin T. Kemp and Colin Davis | Policyholder Pulse Policyholders, don’t lose track of the appraisal provision in your insurance policies. At least that is what the panel in 50 Exch. Terrace LLC v. Mt. Vernon Specialty Ins. Co. seemed to be saying. There, the Ninth Circuit Court of Appeals affirmed the district court’s dismissal of policyholder-plaintiff’s case… Continue reading The Ninth Circuit Wants Everyone to Stop Forgetting About the Appraisal Provision
Lessons in Limitation – Contractual Limitations Provisions as a Basis for Summary Judgment
Chase Turnbull | Maynard Nexsen In recent weeks, our firm obtained summary judgment under a contractual limitations provision that the plaintiff-insured argued had been equitably tolled due to the insurance carrier’s conduct. Although the good guys won, the case offers helpful reminders for carriers handling claims in California and across the county. Contractual Limitations Provisions… Continue reading Lessons in Limitation – Contractual Limitations Provisions as a Basis for Summary Judgment
A Potentially Less Expensive and More Effective Arbitration Process
James T. Swensen | JAMS Have you ever handled a case that was difficult to settle because of a single disputed fact? Party A insists something is black, while Party B argues just as adamantly that it is white. These types of factual disputes often become significant roadblocks to resolution, prolonging the process and increasing… Continue reading A Potentially Less Expensive and More Effective Arbitration Process
Time is Money on Construction Projects and Categories of Delay
David Adelstein | Florida Construction Legal Updates As we know on construction projects, the adage “time is money” always applies. It applies to contractors just as much as owners. If a project is delayed, a contractor incurs additional overhead costs known as general conditions and general requirements which are driven by time. Similarly, an owner experiences its own delay… Continue reading Time is Money on Construction Projects and Categories of Delay