Mary Beth Forshaw | Simpson Thacher Standard commercial general liability policies Bodily injury What constitutes bodily injury under a standard CGL policy? CGL policies generally provide coverage for bodily injury or property damage sustained by third parties (rather than the policyholder) as a result of an occurrence. Insurance coverage litigation frequently centres on whether the… Continue reading In Brief: Commercial General Liability Policies in USA
Month: February 2021
“Source of Duty,” Tort, and Contract, Oh My!
Christopher G. Hill | Construction Law Musings Here at Construction Law Musings, I have discussed the general rule in Virginia that tort and contract do not mix. I have also discussed a few narrow exceptions. A Virginia Supreme Court case from October of 2019 lays out both sides of this issue in one glorious opinion. In Tingler v.… Continue reading “Source of Duty,” Tort, and Contract, Oh My!
Quick Thoughts for Construction Contracting: Don’t Overlook the Entities – Part 1
Kyle M. Doiron and Cristopher Farrar | Buildsmart Sometimes the best advice is the advice we already know, but a timely reminder makes all the difference. In this first blog post of the series, the advice is exactly that. Get the right entities on the dotted lines. You’ve spent weeks negotiating the minutiae of change… Continue reading Quick Thoughts for Construction Contracting: Don’t Overlook the Entities – Part 1
Annoy the Mediator at Your Own Risk: Negotiation Tactics and Missteps to Avoid
David S. Ross, Esq. | JAMS Rule number one in any mediation? Don’t tick off the mediator. First and foremost, effective mediation advocates collaborate with their mediators to prioritize and advance their client’s interests. Mediators help people resolve disputes that they can’t resolve themselves, organizing and managing a negotiation process that usually results in a settlement or deal.… Continue reading Annoy the Mediator at Your Own Risk: Negotiation Tactics and Missteps to Avoid
Addressing Confirmation Bias in Mediation
Patricia H. Thompson | Forum on Construction Law Confirmation bias is the innate human tendency to look for and interpret information consistent with one’s existing beliefs and to ignore inconsistent information, even if that information is demonstrably true. A trial witness’ devastating demonstration of confirmation bias is the climax of the recent, popular HBO mini-series, The… Continue reading Addressing Confirmation Bias in Mediation