When the Insurance Company Labels Your Loss a Collapse, Can It Still Deny Your Collapse Claim?

Nicole Vinson | Property Insurance Coverage Law Blog | June 28, 2018 At least one Michigan court has ruled that even when the execute general adjuster calls a building’s damage a collapse and labels it as a “cave in,” the denial will stand where the policy language supports an exclusion.1 This case arises out damages that… Continue reading When the Insurance Company Labels Your Loss a Collapse, Can It Still Deny Your Collapse Claim?

Federal Circuit Affirms Absence of Differing Site Condition But Remands for Delay Claim

Katherine E. Kohm | The Dispute Resolver | March 23, 2018 The case Meridian Eng’g Co. v. United States, No. 2017-1584, 2018 WL 1386147, at *10 (Fed. Cir. Mar. 20, 2018) concerned a dispute between the federal government and a contractor related to the construction of flood control structures and the relocation of a sewer line in Chula Vista near San Diego, California.  After… Continue reading Federal Circuit Affirms Absence of Differing Site Condition But Remands for Delay Claim

General Contractor’s Professional Malpractice / Negligence Claim Against Design Professional

David Adelstein | Florida Construction Legal Updates | November 23, 2017 A recent case supports a professional malpractice (negligence) claim by a general contractor against a design professional by reversing a trial court’s entry of summary judgment in favor of the design professional and finding a question of fact remained as to an architect’s role in the renovation of a public… Continue reading General Contractor’s Professional Malpractice / Negligence Claim Against Design Professional

Examinations Under Oath – What You Need to Know

Kevin Pollack | Property Insurance Coverage Law | November 27, 2016 Most property and business policies contain a provision requiring the insured to submit to an examination under oath (known as an “EUO”) by the insurance company in connection with an insurance claim. It is similar to a deposition, with the policyholder providing sworn testimony… Continue reading Examinations Under Oath – What You Need to Know

Is it One ‘Occurrence’ or Many?

Jett Abramson | Property Casualty 360° | November 9, 2016 An emerging trend: treating each alleged defect within a single construction defect suit as a separate occurrence. Much has been written about and litigated regarding the topic of an “occurrence” as it is applied within the four walls of a commercial insurance policy. There was… Continue reading Is it One ‘Occurrence’ or Many?

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