Kevin Pollack | Property Insurance Coverage Law Blog | February 1, 2017 Insurers often seek to avoid liability for bad faith by asserting the “Genuine Dispute Doctrine.” Under the genuine dispute rule, an insurer’s coverage or claim decision may not be in bad faith when it mistakenly withholds policy benefits, if the mistake is reasonable… Continue reading The Genuine Dispute Defense and Bad Faith
Tag: Advise & Consult
Legal Matters: Potential Defense to Construction Defect Claims
Nick Dolejsi | Finance & Commerce | January 26, 2017 Anyone in the construction industry would likely acknowledge that litigation – and particularly construction defect litigation – is a part of doing business. But it is an expensive and time-consuming part of the business. The costs and likelihood of litigation increase when dealing with larger… Continue reading Legal Matters: Potential Defense to Construction Defect Claims
California Supreme Court Upholds Replacement Cost Estimate Regulation (For Now)
Dina R. Richman | Property Insurance Law Observer | January 27, 2017 In 2011, the California Insurance Commissioner promulgated a regulation governing replacement cost estimates for homeowners insurance (Cal. Code Regs., tit. 10, §2695.183 [the Regulation]). After the trial court and intermediate court of appeal invalidated the Regulation, this week the California Supreme Court reversed those… Continue reading California Supreme Court Upholds Replacement Cost Estimate Regulation (For Now)
Construction Project Documentation: Explaining Business Records Exception to the Rule Against Hearsay
Wendy Wendrowski | International Law Office | January 30, 2017 Introduction Given the critical role of written documentation in resolving construction claims – whether inside or outside of the courtroom – it is essential that companies adequately train the individuals who create written documentation. Depending on experience and training, the average worker on the project… Continue reading Construction Project Documentation: Explaining Business Records Exception to the Rule Against Hearsay
Subcontractor Exception to “Your Work” Exclusion Does Not Apply to Coverage Under Subcontractor’s Policy
Tred R. Eyerly | Insurance Law Hawaii | January 25, 2017 The Arizona Court of Appeals overturned the trial court’s determination that the general contractor was entitled to coverage under the subcontractor’s exception to the “Your Work” exclusion. Double AA Builders v. Preferred Contrs. Ins. Co., 2016 Ariz. App. LEXIS 294 (Ariz. Ct. App. Dec.… Continue reading Subcontractor Exception to “Your Work” Exclusion Does Not Apply to Coverage Under Subcontractor’s Policy