Robert W. DiUbaldo and Jeanne M. Kohler | Carlton Fields | January 25, 2016 Whether a particular jurisdiction’s statute of limitations provides a reinsurer with a valid basis to deny payment of a cedent’s claim is sometimes a hotly-contested issue. Where a dispute is litigated in state or federal court, a reinsurer may argue that… Continue reading The Arbitrability Of Statutes Of Limitations In Reinsurance Disputes
Category: Construction Law
Minnesota Supreme Court Concludes Accrual Date of Claim Was Before End of Construction
Conor Shankman | Bernstein Shur Sawyer & Nelson PA | December 29, 2015 Can a statute of limitations start to run in a construction case before substantial completion? In a case from late November, the Minnesota Supreme Court answered the question in the affirmative. For those who may not know, statutes of limitations are time… Continue reading Minnesota Supreme Court Concludes Accrual Date of Claim Was Before End of Construction
Texas Rule Change: Supreme Court Holds Loss of Use Damages Are Recoverable Where Property Total Loss
William Craven and Gregory Hudson | Cozen O’Connor | January 15, 2016 In J & D Towing, LLC v. American Alternative Insurance Corporation, No. 14-0574, 2016 WL 91201 (Tex. Jan. 8, 2016), the Texas Supreme Court considered J & D Towing, LLC’s (“J & D”) claim for loss of use damages under its underinsured motorist… Continue reading Texas Rule Change: Supreme Court Holds Loss of Use Damages Are Recoverable Where Property Total Loss
No more Free Passes on Deposition Conduct
Randy Evans, Shari L. Klevens, and Alanna Clair | Dentons | January 13, 2016 In litigation, depositions can be a valuable way to obtain evidence and learn the facts of the case in preparation for trial. In addition, in limited circumstances, deposition testimony may be used at trial in lieu of a live witness. Courts… Continue reading No more Free Passes on Deposition Conduct
#4 – Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses
David A. Harris and Abigail e. Lighthart | Haight Brown & Bonesteel LLP | September 30, 2015 In Vita Planning and Landscape Architecture, Inc. v. HKS Architects, Inc. (“Vita Planning”), the First Appellate District held California’s Code of Civil Procedure section 410.42 (“Section 410.42”) which prohibits an out-of-state contractor from requiring a California subcontractor to… Continue reading #4 – Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses