Richard Wolf | Claims Journal | July 27, 2017 In a decision filed July 14, 2017, the US District Court for the Central District of California invoked the Federal Arbitration Act (FAA) in refusing to vacate an insurance appraisal award determining the value of insured tools stolen from their owner. The decision, James Dickey, Inc. v. Alterra Insurance… Continue reading Federal Arbitration Act Governs Property Insurance Appraisals
Month: August 2017
The Metaphysics of When an Accident is an “Accident” (or Not) Under Your Insurance Policy
Garret Murai | California Construction Law Blog | July 31, 2017 As an undergrad, I remember taking an introductory philosophy class. When we came to the chapter on metaphysics our professor asked what makes an apple an apple? “We have a specific name for it, presumably, to distinguish it from other things,” she said. “But what makes… Continue reading The Metaphysics of When an Accident is an “Accident” (or Not) Under Your Insurance Policy
No Duty To Defend Additional Insured When Bodily Injury Not Caused by Insured
Tred Eyerly | Insurance Law Hawaii | July 19, 2017 The court found there was no duty to defend a suit for bodily injury against the additional insured where the injury was not caused by the insured. Consigli Constr. Co. v. Travelers Indem. Co., 2017 U.S. Dist. LEXIS 95339 (D. Mass. June 21, 2017). Consigli was… Continue reading No Duty To Defend Additional Insured When Bodily Injury Not Caused by Insured
Even When You Win, You Lose: Subcontractor’s Indemnity Obligation Enforced Despite Being Absolved of Liability at Trial
Scott Murphy | Barnes & Thornburg | July 25, 2017 In Provenzino v Macomb County, 2017 WL 104544 (Mich. App. 2017), the Michigan Court of Appeals reversed the trial court’s decision to dismiss a general contractor’s claim for indemnity where the plaintiff’s allegations arose “in any way” from the subcontractor’s work. The appeals court reasoned that the broad… Continue reading Even When You Win, You Lose: Subcontractor’s Indemnity Obligation Enforced Despite Being Absolved of Liability at Trial
The Importance of Careful Coverage Analysis
Heather Howell Wright | Bradley | July 2017 Ohio has joined the majority of jurisdictions in holding that a general liability policy may provide coverage for claims made by a project owner for property damage allegedly caused by the defective work of a subcontractor. In Ohio Northern Univ. v. Charles Constr. Serv., Inc., an Ohio appeals court… Continue reading The Importance of Careful Coverage Analysis