Denise Johnson | Claims Journal | March 29, 2016 Don’t ask for a demand. That’s one recommendation from Ed Hochuli, a National Football League referee and partner with Jones, Skelton & Hochuli, who offered tips on settlement negotiation do’s and don’ts in an interview with Claims Journal during the Combined Claims Conference held in Orange… Continue reading Negotiating Claims Like an NFL Referee
Month: April 2016
“Your Work” Exclusion Applies to Damage to Tradesman’s Property, Not Damage to Other Property
Tred Eyerly | Insurance Law Hawaii | February 8, 2016 The New Mexico Court of Appeals presented a cogent analysis of claims for construction defects and the application of the “your work” exclusion under a CGL policy in Pulte Homes of New Mexico, Inc. v. Indiana Lumbermens Ins. Co., 2015 N.M. App. LEXIS 134 (N. M.… Continue reading “Your Work” Exclusion Applies to Damage to Tradesman’s Property, Not Damage to Other Property
Revisiting Construction-Defect Law, a Year Later
Robert McPeak | Vegas Inc. | April 11, 2016 Nevada’s homebuilding industry, long plagued by sometimes-spurious litigation under construction-defect laws, commonly known as “Chapter 40,” found relief Feb. 24, 2015, in the form of Assembly Bill 125. Primarily, AB 125 narrows the definition of “constructional defect” to any defect that causes physical damage to the… Continue reading Revisiting Construction-Defect Law, a Year Later
You Have to Give the Carrier an Opportunity to do the Right (or Wrong) Thing
Patrick McGinnis | Property Insurance Coverage Law Blog | April 12, 2016 Lawyers practicing in Texas know that the Texas Insurance Code and the DTPA statute have notice provisions, which require the policyholder to provide a sixty-day written notice to the carrier setting out the complaint and the amount of damages. I have previously blogged on these… Continue reading You Have to Give the Carrier an Opportunity to do the Right (or Wrong) Thing
Contractual Liquidated Damages Update 3.0
Philip J. Truax, Esq. | Wickens Herzer Panza Cook Batista | April 4, 2016 Several editions ago, we published an article relating to the Boone Coleman v. Village of Piketon case, which struck down a $278,000 liquidated damages award for construction delays because the amount was disproportionately high compared to the original contract value and amounted… Continue reading Contractual Liquidated Damages Update 3.0