Eugene J. Heady – March 4, 2013 Bob, the Project Executive, had made up his mind. “I’m rolling the dice and taking the electrical subcontractor’s claim to trial!” Bob exclaimed. “We all know that contractors are gamblers. Right?” Bob asked. “I’m going to take my chances. It’s in my DNA,” Bob added. “How do you… Continue reading Don’t Roll the Dice! Use Decision Tree Analysis when Calculating your BATNA
Tag: insurance claim
Analysis of “Occurrence” in Defect Coverage Actions
Aaron Mandel and Stevi Raab – February 8, 2013 Through its recent opinion in Westfield Ins. Co. v. Custom Agri Systems, Inc., 2012 WL 4944305 (Ohio Oct. 16, 2012) (“Westfield”), the Ohio Supreme Court joined the majority of states in holding that faulty construction work does not qualify as an “occurrence” within the meaning of… Continue reading Analysis of “Occurrence” in Defect Coverage Actions
Expert Witness Exclusion – Lay Witness to the Rescue
Maggie Tamburro – January 29, 2013 Think successfully excluding your opposing party’s expert on a Daubert challenge equals a slam dunk on summary judgment and dismissal of the opposing party’s case? Not so fast. While many have concluded that prevailing on a Daubert challenge is the equivalent of summary judgment, a recent case demonstrates, as with most things in… Continue reading Expert Witness Exclusion – Lay Witness to the Rescue
Michigan Court of Appeals – Update on Whether Defective Construction can Constitute an “Occurrence” Under CGL Policies
Scott Murphy – December 20, 2012 A recent coverage decision from the Michigan Court of Appeals should have general contractors examining the scope and limits of coverage provided by their commercial general liability (commonly referred to as “CGL”) policy. In Heaton v Pristine Home Builders, L.L.C., unpublished opinion per curiam of the Michigan Court of… Continue reading Michigan Court of Appeals – Update on Whether Defective Construction can Constitute an “Occurrence” Under CGL Policies
Bad News for Some State Farm Customers with Pending Claims
Julie Patel – July 18, 2012 State Farm policyholders with pending claims in Broward and Palm Beach counties could have a harder time getting reimbursed for repairs to their property. In a ruling today, an appellate court sided with State Farm and a lower court’s decision that a claim filed by policyholders Sheila and William… Continue reading Bad News for Some State Farm Customers with Pending Claims