Claims Handling Requirements by State – California

Robert Trautmann | Property Insurance Coverage Law Blog | February 21, 2018 As I am writing this blog, most of the country is in the middle of a deep freeze. Here in New Jersey, the forecast doesn’t show any signs of warming up: So naturally, my mind turned to more temperate climates and so today… Continue reading Claims Handling Requirements by State – California

Contractors Beware: Your Subcontractor Provided Additional Insured Coverage may have Gaps

David S. Lynch | Kilpatrick Townsend | February 14, 2018 Construction contracts generally require subcontractors to extend additional insured status on the subcontractor’s policies for the benefit of the contractor who relies on this coverage to protect it from claims arising out of the subcontractor’s work on the project. The intent is to place the… Continue reading Contractors Beware: Your Subcontractor Provided Additional Insured Coverage may have Gaps

In Washington, an Insurer Cannot Refuse to Defend, Change Its Mind, and Still Expect to Control the Defense or Avoid Bad Faith

Kevin Mapes | The Policyholder Report | February 20, 2018 A recent decision from the U.S. District Court for the Western District of Washington again demonstrates the decidedly pro-policyholder nature of insurance-coverage law in the state of Washington. Like so many coverage cases, 2FL Enterprises, LLC v. Houston Specialty Insurance Co., arose from underlying construction-defect litigation.… Continue reading In Washington, an Insurer Cannot Refuse to Defend, Change Its Mind, and Still Expect to Control the Defense or Avoid Bad Faith

Additional Insured Status: Playing The Speak-Out Game On A Construction Project

Matthew DeVries | Best Practices Construction Law | February 21, 2018 Last weekend we played Speak-Out: Kids versus Parents, a game where you use a plastic thingy to obstruct your speech capabilities.  The winning team is the one that guesses the most phrases.  Reading and understanding an insurance policy on a construction project can be a… Continue reading Additional Insured Status: Playing The Speak-Out Game On A Construction Project

Pay-if-Paid Enforced Opening Door to Subcontractor Claim Against Owner

Katharine E. Kohm | The Dispute Resolver | February 24, 2018 In Superior Steel, Inc. v. Ascent at Roebling’s Bridge, LLC, No. 2015-SC-000204-DG, 2017 WL 6380218 (Ky. Dec. 14, 2017), a subcontractor and a sub-subcontractor sued the general contractor and owner for the failure to pay for extra work. The general contractor and owner cross-claimed against the other for, inter alia, indemnification.  At the jury… Continue reading Pay-if-Paid Enforced Opening Door to Subcontractor Claim Against Owner

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