Jett Abramson | Property Casualty 360° | November 9, 2016 An emerging trend: treating each alleged defect within a single construction defect suit as a separate occurrence. Much has been written about and litigated regarding the topic of an “occurrence” as it is applied within the four walls of a commercial insurance policy. There was… Continue reading Is it One ‘Occurrence’ or Many?
William J. Cea | Daily Business Review | November 17, 2016 Construction mediation presents unique challenges and opportunities that can determine the outcome. Here is some practical guidance based on our experience. Proper preparation and participation in mediations requires an understanding of the pyramid of parties, how the timing affects potential settlement options and whether… Continue reading Construction Mediation Presents Unique Challenges and Opportunities
Chip Merlin | Property Insurance Coverage Law Blog | November 22, 2016 In yesterday’s post, Determining Depreciation–Are Policyholders Getting Ripped Off, I promised to discuss issues of actual cash value and depreciation. The article I am critiquing giving rise to this discussion cited California law regarding actual cash value and then made this statement: In… Continue reading Determining Depreciation: The Definition of Actual Cash Value Varies Widely Between States
Chip Merlin | Property Insurance Coverage Law Blog | November 21. 2016 Many property insurance company adjusters are required by their companies to determine the amount of depreciation to be taken when arriving at amounts of actual cash value. Many are told to determine this amount by determining the replacement cost and then subtracting depreciation.… Continue reading Determining Depreciation–Are Policyholders Getting Ripped Off?
C. Todd Hewes | Lewis Brisbois Bisgaard & Smith LLP | November 21, 2016 When general contractors, subcontractors, and design professionals face claims or lawsuits arising from original construction or remediation of condominium projects, one of the most important—and also sometimes one of the most difficult tasks—has always been to catalog, usually by unit number,… Continue reading Pre-Litigation Requirements For Condo Associations