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

Washington Supreme Court Finds a One-Year Contractual Limitations Period to Be Substantively Unconscionable

Matthew Gurr | Davis Wright Tremaine A recent 5-4 decision issued by the Supreme Court of Washington, Tadych v. Noble Ridge Construction, Inc., reflects the importance of carefully crafting claim limitation language in residential development and construction contracts. The Tadychs entered into a written contract with Noble Ridge Construction, Inc. (“NRC”), to build a custom home.… Continue reading Washington Supreme Court Finds a One-Year Contractual Limitations Period to Be Substantively Unconscionable

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