Ken Broda-Bahm | Holland & Hart LLP | February 13, 2017 For the witness preparing for trial testimony, there is one common piece of advice: Study your deposition. In preparation sessions, I will always stress this advice, noting that a thorough knowledge of the deposition is both your sword and shield during trial testimony. Not… Continue reading Overlearn Your Deposition
Christopher Fredericks and Gregory S. Mantych | International Law Office | February 7, 2017 Introduction Of the various provisions found in insurance policies, few lend themselves to existential exploration more than those concerning ‘related’ acts. What makes two separate acts related? Does the relationship come down to the similarities or the differences? Does one act… Continue reading Related Acts Provisions in Professional Liability Policies
Kevin Pollack | Property Insurance Coverage Law Blog | February 24, 2017 Insurers on occasion deny coverage or make claim decisions based on one ground, and then later, during litigation, seek to avoid liability based upon an entirely new defense theory. Although coverage decision letters regularly throw in boilerplate language seeking to avoid waiving coverage… Continue reading Proof of Loss: Can an Insurer Deny Coverage and Later Argue the Claim is Barred Because the Insured Did Not Comply with the Proof of Loss Condition?
Edward Eshoo | Property Insurance Coverage Law Blog | February 22, 2017 In Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company,1 a federal district court in Illinois recently addressed the issue whether appraisal is appropriate to resolve a dispute over the need for a general contractor to perform repairs following a covered loss.… Continue reading Is a Dispute Over General Contractor Overhead and Profit Appropriate for Appraisal?
Joseph M. Fenech | Low, Ball & Lynch | February 2017 The Right to Repair Statute in California requires a homeowner show a breach of contract or negligence to succeed. Acqua Vista Homeowners Association v. MWI, Inc. California Court of Appeals, Fourth Appellate District (January 26, 2017) Civil Code § 8951 et seq. (the “Act”)… Continue reading Construction Defect – Application of the Right to Repair Statute to Material Suppliers