Corey S. Lloyd and Stu Richeson | The Dispute Resolver When negotiating contracts, it is sometimes difficult to properly assess the risks and rewards of certain terms. The idiom “that one can’t see the forest through the trees” comes to mind. At times, though, even determining which forest needs to be seen can be the… Continue reading Learning a Lesson by Sweating the Small Stuff
Navigating The Claims Seas: What Insurance Defense Attorneys Wish Claims Professionals Knew
Lara DiCristina and Leslie Harrach | Tyson & Mendes In the vast ocean of insurance claims, navigating the turbulent waters can be challenging for both claims professionals and insurance defense attorneys. To ensure smooth sailing, it is crucial for claims professionals to understand the perspectives and insights of their legal counterparts. Using a maritime theme… Continue reading Navigating The Claims Seas: What Insurance Defense Attorneys Wish Claims Professionals Knew
Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs
Elizabeth J. Dye and Mark J. Plumer | American Arbitration Association In this article, the authors highlight critical arbitration-related issues that risk managers and in-house counsel should consider when analyzing commercial insurance programs. The authors also offer recommendations to avoid obstacles wherever possible. Considering the complex structure of commercial insurance programs—typically purchased in annual “towers”… Continue reading Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs
Liability Clauses in Data Center Construction Contracts
Laura Riddeck | Reed Smith As the global demand for digital infrastructure accelerates, the data center construction sector is busier than ever. A key area of contention in the negotiation of the construction contracts for these projects is the extent to which the contractor will be liable for the consequences of delays, defects or non-performance.… Continue reading Liability Clauses in Data Center Construction Contracts
Is Smoke or Ash Considered Direct Physical Damage for Coverage Purposes Under California Property Insurance Policy?
Michele L. Levinson | Frost Brown Todd In past years, carriers in states most affected by wildfires, notably California, have seen a significant increase in claims where the property sustains no significant “direct physical damage.” Meaning, the property itself was not directly impacted by the fire, yet the owner presented a claim for fire-related damages… Continue reading Is Smoke or Ash Considered Direct Physical Damage for Coverage Purposes Under California Property Insurance Policy?