Andrea DeField and Alex D. Pappas | Hunton Andrews Kurth “Loss or damage.” “Caused by or resulting from.” “Faulty, inadequate or defective.” “Direct physical loss of or damage to.” In coverage litigation, phrases like these can launch a familiar argument: if an insurance policy uses two different words, each must mean something different. Otherwise, one… Continue reading When Two Words Do Not Necessarily Do Two Jobs: Legal Doublets and Surplusage in Insurance Policies
What I’ve Learned in Complex Construction Cases
Jennifer Grippa | Miles Mediation & Arbitration After 10 years of arbitrating and mediating hundreds of construction disputes, I have learned that no two cases are exactly the same. Projects change, parties change and issues can range from relatively straightforward payment disputes to extraordinarily complicated questions involving design, delay, defects, scheduling and damages. Certain patterns… Continue reading What I’ve Learned in Complex Construction Cases
Think Twice Before Submitting a Confidential Mediation Brief
Matt White | JAMS Why sharing your arguments before mediation can strengthen your position and improve the prospect of settlement We live in a deeply divided world. People struggle to agree on basic facts, such as the effectiveness of vaccines, the outcomes of elections and the role of humans in climate change. But there is… Continue reading Think Twice Before Submitting a Confidential Mediation Brief
Are We Training Claims Adjusters or Claims Processors?
Chris Casaleggio | Claims Journal I started my career as a writer. Not an insurance professional. Not an adjuster. A writer. When I eventually took a chance on claims, I assumed I was changing careers completely. I was wrong. The more claims I handled, the more I realized there was a lot of journalism in… Continue reading Are We Training Claims Adjusters or Claims Processors?
Should Courts Ask for Appraisal Award Clarification
Advise & Consult, Inc. In Jamestown Villas Homeowners Association v. State Farm Fire and Casualty Company, the U.S. Court of Appeals for the Eighth Circuit clarified the standard for finality in property insurance appraisal awards under Minnesota law, holding that courts should not seek appraiser clarification when the financial award logically resolves the disputed factual… Continue reading Should Courts Ask for Appraisal Award Clarification