Tred Eyerly – Insurance Law Hawaii – August 20, 2014 The subcontractor’s insurer could not escape contributing to defense costs of its insured when coverage was possible based upon the underlying complaint’s allegations. Seneca Ins. Co. v. James River Ins. Co., 2014 U.S. Dist. LEXIS 97156 (D. Ore. July 17, 2014). The underlying action alleged… Continue reading Duty to Defend Construction Defect Case Triggered by Complaint’s Allegations
Tag: construction defect
I Feel The Earth Move Under My Feet…And That May Not Be A Covered Loss In Colorado
Brandee Bower – July 23, 2014 A new case was recently handed down regarding earth movement and water damage exclusions. In Wagner v. American Family Mutual Insurance Company,1 a policyholder suspected a water leak in her home. She had her property inspected and found a water pipe was leaking under the slab foundation, eroding the… Continue reading I Feel The Earth Move Under My Feet…And That May Not Be A Covered Loss In Colorado
Lawmaker Eyes Nevada Construction Defect Laws
State Sen. Mike Schneider, D-Las Vegas, said he plans to seek changes to construction defect laws because of problems underscored by an ongoing federal probe. Schneider contends flawed laws and a lack of oversight led to the investigation into an alleged conspiracy involving Las Vegas homeowners association board members and a select group of construction… Continue reading Lawmaker Eyes Nevada Construction Defect Laws
“The Importance of Personal Counsel in a Construction-Defect Lawsuit” or “If You’re My Attorney, Why are you Telling Me I Need to Hire Another Attorney?”
Mike Curry – October 10, 2013 A construction company faces a long and often difficult journey when it receives a “Notice of Claim” letter informing it of a possible construction-defect lawsuit. Usually, one of the first questions asked is, “What am I supposed to do now?” A prudent construction company will immediately notify its insurance… Continue reading “The Importance of Personal Counsel in a Construction-Defect Lawsuit” or “If You’re My Attorney, Why are you Telling Me I Need to Hire Another Attorney?”
Civil Trials are Disappearing in the US
Kenneth Childs – August 22, 2013 Over the past several years, fewer and fewer civil cases have proceeded to trial. Indeed, over the past 40 to 50 years or so, the decline has been precipitous. In 1962, 11.5 percent of federal civil cases went to trial, but by 2002 that figure had dropped to only… Continue reading Civil Trials are Disappearing in the US