Lawrence Moon | Property Insurance Coverage Law Blog | July 18, 2018 A Missouri Court of Appeals recently held that an appraiser may advocate for the party that appointed the appraiser as long as the appraiser has no financial interest in the outcome of the appraisal. In Allstate Indemnity Company v. Gaworski,1 Allstate petitioned the trial court… Continue reading May an Appraiser Advocate for the Party that Appointed the Appraiser?
Michael S. Levine, Lorelie S. Masters & Geoffrey B. Fehling | Hunton Andrews Kurth | July 2, 2018 A Connecticut court recently denied a motion to compel appraisal of a claim for coverage of a commercial property damage claim, holding that, where the insurance policy at issue provides for appraisal of disputes related to the… Continue reading Connecticut Court Holds Unresolved Coverage Issues Makes Appraisal Premature
Paul A. Rose | Brouse McDowell | July 19, 2018 Certain aspects of insurance bad faith are well known, particularly to insurance coverage practitioners. For instance, it is widely understood that an insurer commits bad faith if it fails to pay upon or otherwise honor a claim without reasonable justification for its refusal. It is,… Continue reading The Other Bad Faith
Robert C. Neff, Jr. | Wilson Elser | July 11, 2018 The typical construction defect case presents an up-front analytical challenge: the defense attorney is presented with boxes of project materials, perhaps an extensive case history and prior discovery, and likely an unhappy (but these days, resigned) client. So you start with the basics: a… Continue reading New Jersey’s Highest Court Scrutinizes Statutes of Limitation and the Discovery Rule in Construction Defect Cases
Todd Rosenbaum | Mintz Levin Cohn Ferris Glovsky and Popeo PC | July 16, 2018 When an agreement to arbitrate contains a clear and unmistakable “delegation” provision, gateway questions of arbitrability are for the arbitrator to decide. See, e.g., Kubala v. Supreme Prod. Servs., 830 F.3d 199, 201-02 (5th Cir. 2016), citing First Options of Chi., Inc. v.… Continue reading The Potential Pitfalls of Contesting Arbitrability in the Arbitration