James T. Dixon, P. Wesley Lambert and Amanda M. Leffler | Brouse McDowell | April 14, 2016 Construction activity exploded in 2015, and analysts predict that 2016 will be another strong year for the industry. While this is positive news, more new construction means more construction defect litigation. So if you’re a contractor, subcontractor, landowner,… Continue reading Tips in Evaluating Coverage for Construction Defect Claims
Tag: insurance coverage
Invoking Appraisal: “When You Have to Shoot…Shoot”
Patrick McGinnis | Property Insurance Coverage Law Blog | April 21, 2016 What constitutes invoking appraisal? Does a carrier’s refusal to go to appraisal rise to the level of breach of contract? East Richardson Baptist Church v. Philadelphia Indemnity Insurance Company,1 from the Dallas Court of Appeals, is an interesting case. The Church filed a… Continue reading Invoking Appraisal: “When You Have to Shoot…Shoot”
An Insurer’s Duty to Defend the Insured
Adam B. Edgecombe, Esq | Jimerson & Cobb PA | April 20, 2016 A key consideration in developing a litigation strategy is whether or not insurance coverage applies to the causes of action at issue, which is important for both parties. For the plaintiff, coverage can mean that he has a greater chance of collecting… Continue reading An Insurer’s Duty to Defend the Insured
Try to Settle before Suing for Insurance Coverage
Gloria Gonzalez | Business Insurance | 4.15.2016 Risk managers have to carefully weigh their options when considering whether to sue insurers over a denial of coverage, as such lawsuits can be costly and result in an even bigger loss for their companies. “As a risk manager, I have to understand that the best risk management… Continue reading Try to Settle before Suing for Insurance Coverage
A Double Standard in Construction Defect Coverage Cases?
David L. Beck | Pillsbury Winthrop Shaw Pittman LLP | April 19, 2016 The recent decision of Allied Property & Casualty Insurance Co. v. Metro North Condominium Associates highlights why only a minority of jurisdictions still hold to the fiction that construction defects cannot give rise to an “occurrence” covered under a CGL policy. It also… Continue reading A Double Standard in Construction Defect Coverage Cases?