Stacy D. Fulco and Donna Simms | The CLM Magazine | February 2017 Developing a Program to Reduce Incidents and Win Summary Judgments The primary question on every examiner and in-house attorney’s mind when reviewing a new claim is whether there is a potential for summary judgment. The answer to that one question often determines… Continue reading Are Formal Floor Inspections Worth It?
Tag: Advise & Consult
Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires
Kristen Lee Price and Lawrence S. Zucker II | Haight Brown & Bonesteel LLP | February 3, 2017 In Hensley v. San Diego Gas & Elec. Co., (No. D070259, filed 1/31/17), the California Court of Appeal for the Fourth Appellate District held that emotional distress damages are available on claims for trespass and nuisance as part… Continue reading Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires
Avoid Policy Pitfalls and Maximize Insurance Coverage for Construction Claims
Gabrielle T. Kelly | Brouse McDowell | February 9, 2017 Insurance Companies will often raise multiple exclusions that are contained in a standard Commercial General Liability (CGL) policy to deny coverage for a claim arising from a construction project. The most frequently raised issues in construction disputes are the group of exclusions known as the… Continue reading Avoid Policy Pitfalls and Maximize Insurance Coverage for Construction Claims
Florida’s Construction Defect Statute: Renovation Begins Again
Jeffrey S. Wertman | Berger Singerman LLP | March 1, 2017 Renovation is underway again on Florida’s construction defect law, Chapter 558 of the Florida Statutes. Florida’s construction defect law requires the owner of real property in Florida to provide contractors, developers and other construction parties with a formal written notice of potential construction defects… Continue reading Florida’s Construction Defect Statute: Renovation Begins Again
Oregon Court of Appeals Rejects Insurer’s Attempt to Cast its Own Insured as Just Another Insurer
Dwain Clifford | The Policyholder Report | March 1, 2017 You’re sued. You tender the defense of the lawsuit to your insurer, but it refuses to defend you. You settle the case and then file a lawsuit against your insurer for what it should have paid to defend you while sitting out of the fight.… Continue reading Oregon Court of Appeals Rejects Insurer’s Attempt to Cast its Own Insured as Just Another Insurer