Kenneth Kan – September 17, 2013 With greater frequency I am getting calls from policyholders concerned their insurers’ claims investigations are more focused on finding reasons that support denial than coverage. Also, more claims are hastily or unnecessarily referred to the special investigation unit (SIU) when evidence of fraud is lacking. Most claims that end up in SIU… Continue reading An Insurance Company is Not Acting in Good Faith When it Holds Own Interests Above That of the Insured
Gary Bresee – September 16, 2013 A fee dispute between Travelers, its contractor/insured and the insured’s counsel, is not your run of the mill fee dispute. Travelers alleges the existence of an illicit rate agreement between the contractor and its lawyers whereby the lawyers allegedly billed Travelers at a higher rate than the firm actually charged the… Continue reading Can Your Fee Dispute Rise to the Level of Unfair Competition? Maybe; but Not This Time.
Lydia DePillis – August 7, 2013 Whenever you build a building, most states require you to obey thick books full of standards for all the specs that make it safe and sturdy. Those standards are developed by professional societies and trade associations, like ASTM International, whose members are contractors and equipment manufacturers and other technical… Continue reading Should Legal Codes be Copyrighted? Let’s Sue to Find Out!
Eric Radz and Paul Sugar – September 18,2013 In Maryland and elsewhere, a mechanic’s lien safeguards a contractor’s entitlement to payment on a private project. It is a statutory device that, if properly pursued, provides a contractor a security interest in the real property improved by the contractor. While a project is under construction, an… Continue reading Mechanic’s Lien Waivers: Understand What You Are Waiving
Stanley A. Martin – September 9, 2013 The AIA A201 General Conditions posit the architect’s decision on a claim as a condition precedent to arbitration of that claim. A recent New York appellate decision demonstrates why this clause, employed as a roadblock many years after the dispute arose, should be modified by the AIA. In… Continue reading Conditions Precedent to Dispute Resolution: a Help or a Hindrance?