Patrick Johnson | Construction Industry Counselor | November 15, 2018 Contractors always should put their insurers on notice of a potentially covered claim as soon as possible. In many states, an insured typically will not be denied coverage for the late notice of a claim if there is no prejudice to the insurer, however, there… Continue reading Construction Contractors Should Promptly Notify Insurers of a Potentially Covered Claim
Month: November 2018
Insurer Must Defend Insured Against Construction Defect Claims
Tred R. Eyerly | Insurance Law Hawaii | October 4, 2018 Finding various exclusions inapplicable, the Federal District Court ruled that the insurer owed a defense to the general contractor based upon Texas law. Mt. Hawley Ins. Co. v. Slay Engineering, 2018 U.S. Dist. LEXIS 139363 (W.D. Texas Aug. 15, 2018). Huser Construction had a CGL… Continue reading Insurer Must Defend Insured Against Construction Defect Claims
New California “Construction” Legislation
Richard H. Glucksman, Esq. and Chelsea L. Zwart, Esq. | Chapman Glucksman Dean Roeb & Barger | November 8, 2018 Governor Jerry Brown signed two potentially impactful Senate Bills relating to the construction of apartment buildings late last month. These Bills, discussed further below, were introduced, in part, in response to the Berkeley balcony collapse… Continue reading New California “Construction” Legislation
Supreme Court of Florida Upholds the Frye Standard
Andrew O. Gay and Luis Prats | Carlton Fields | November 13, 2018 On October 15, 2018, in the matter of Richard Delisle vs. Crane Co., et al.[1], the Supreme Court of Florida unequivocally reaffirmed that Frye remains the standard for the admission of expert testimony. This reaffirmation comes after the Florida Legislature amended section 90.702 to incorporate… Continue reading Supreme Court of Florida Upholds the Frye Standard
Construction One-Minute Read: What If Your Insurance Carrier Negligently Provides Insufficient Coverage?
Jonathan M. Mraunac | Ogletree Deakins | November 13, 2018 On October 18, 2018, the Illinois Supreme Court clarified when the statute of limitations begins to run on a claim for negligent procurement of insurance by an insurance agent or broker. In American Family Mutual Insurance Company v. Krop, 2018 IL 122556, the Illinois Supreme Court… Continue reading Construction One-Minute Read: What If Your Insurance Carrier Negligently Provides Insufficient Coverage?