Michael J. Bayern | Butler Weihmuller Katz Craig Often, a person or entity that is attempting to claim additional insured status under the insurance policy of another will rely on a “Certificate of Insurance” that was issued by the named insured’s agent. However, there are some considerations an insurer should take into account when presented… Continue reading Information Or Indemnity: Do Certificates Of Insurance Grant Insured Status?
Month: November 2020
Who Has Priority Over My Recovery? – An Overview Of The Made Whole Doctrine
Jessica Skarin | Butler Weihmuller Katz Craig After paying out a claim, insurers often pursue a subrogation recovery from a responsible third party. In evaluating the potential for recovery, subrogation specialists consider many issues including proof of liability, applicable contract provisions, statutory limitations, and the cost of pursing a recovery. Well informed insurers also work… Continue reading Who Has Priority Over My Recovery? – An Overview Of The Made Whole Doctrine
Court of Appeal Holds That Higher-Tiered Party on Construction Project Can be Held Liable for Intentional Interference with Contract
Garret Murai | California Construction Law Blog In Caliber Paving Company, Inc. v. Rexford Industrial Realty and Management, Inc., Case No. G0584406 (September 1, 2020), the 4th District Court of Appeal examined whether a higher-tiered party on a construction project can be held liable for intentional interference with contract when it interferes with the contract between… Continue reading Court of Appeal Holds That Higher-Tiered Party on Construction Project Can be Held Liable for Intentional Interference with Contract
Eleventh Circuit Says General Contractor Was Responsible for Subcontractor’s Safety Practices
Jonathan Crotty | Parker Poe Adams & Bernstein Under the Occupational Safety and Health Administration’s multiemployer worksite doctrine, a company can be cited for safety violations that it did not create and for hazards to which its own employees were never exposed. The doctrine is used most often in the construction industry, where a general… Continue reading Eleventh Circuit Says General Contractor Was Responsible for Subcontractor’s Safety Practices
Insurer that Breached Duty to Defend Bears Burden on Allocation of Defense Costs
William Knauss, III | Wiley Rein Applying Arizona law, the United States District Court for the District of Arizona held that an insurer that breached its duty to defend bears the burden of demonstrating that an allocation of defense costs between covered and non-covered claims is possible. Tapestry on Cent. Condo. Ass’n. v. Liberty Ins. Underwriters… Continue reading Insurer that Breached Duty to Defend Bears Burden on Allocation of Defense Costs