Tred R. Eyerly | Insurance Law Hawaii | August 19, 2019 The court determined that there was coverage in a construction defect case for portions of an arbitration award. Liberty Surplus Ins. Corp. v. Century Sur. Co., 2019 U.S. DIst. LEXIS 116093 (S.D. Texas July 12, 2019). Descon Construction contracted with the… Continue reading Insurer Must Cover Portions of Arbitration Award
Category: Arbitration
Insurer Must Pay Portions of Arbitration Award Related to Faulty Workmanship
Tred R. Eyerly | Insurance Law Hawaii | August 21, 2019 The court determined that portions of an arbitration award against the insured contractor based upon faulty workmanship were covered by the policy. Wallace v. Nautilus Ins. Co., 2019 U.S. Dist. LEXIS 122219 (D. N. H. July 23, 2010). Plaintiffs, owners of… Continue reading Insurer Must Pay Portions of Arbitration Award Related to Faulty Workmanship
Why Builders Should Reconsider Arbitration Clauses in Construction Contracts
David M. McLain | Colorado Construction Litigation | September 23, 2019 My advice to home builders has long been to arbitrate construction defect claims instead of litigating them in front of juries. Based on my experience and watching others litigate claims, I have learned that home builders usually fare better in arbitration than in jury trials,… Continue reading Why Builders Should Reconsider Arbitration Clauses in Construction Contracts
Is It the Beginning of the End for Forced Arbitration Clauses? Let’s Hope
Deborah Trotter | Property Insurance Coverage Law Blog | September 28, 2019 In an historic win for American consumers and workers, on September 20, 2019, the U. S. House of Representatives passed H.R. 1423, the Forced Arbitration Injustice Repeal or FAIR Act,1 by a vote of 225 to 186. This groundbreaking bill could be the beginning… Continue reading Is It the Beginning of the End for Forced Arbitration Clauses? Let’s Hope
Ethical Issues Surrounding Arbitration Provisions in Attorney Retainer Agreements
Matthew S. Marrone | Goldberg Segalla | August 22, 2019 There’s a common belief among lawyers that it’s better to have disputes resolved through private arbitration rather than in court. Juries are unpredictable, and judges can be too. Litigation in court can be long and costly, and private arbitration may seem a more desirable alternative.… Continue reading Ethical Issues Surrounding Arbitration Provisions in Attorney Retainer Agreements