Shaun Marker – June 16, 2014 Ahh the joys of litigation and the many issues that parties face. Sometimes in insurance cases (as well as other types of cases) the parties litigate where to litigate the dispute. This may involve the question of in what jurisdiction (in what state or in what federal district) they… Continue reading Litigating Where to Litigate an Insurance Dispute
Category: Dispute Resolution
Water Damage Exclusions: What’s Excluded and Not Excluded Under the Standard Homeowners Policy is Often a Contentious Issue Between Insured and Insurer
Christopher Nahas – May 28, 2014 Standard homeowners policy language excludes losses caused by water, however what is meant by this is not always clear. Water damage generally includes flood, sewer backup and seepage from water below ground. Despite these categories, disputes often arise regarding whether damages caused by water are covered. An issue that… Continue reading Water Damage Exclusions: What’s Excluded and Not Excluded Under the Standard Homeowners Policy is Often a Contentious Issue Between Insured and Insurer
Duped Subcontractor Can’t Recover From Landowner Payments Owed by General Contractor Under CERCLA | Sedgwick LLP – JDSupra
Daubert: Testimony Based on Experience
Joshua Fruchter, Esq. – April 15, 2014 The Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993) requires trial courts to ensure that expert testimony admitted is reliable. Perhaps one of the trickier contexts in which courts must apply this standard is expert testimony based on experience. To be sure, the… Continue reading Daubert: Testimony Based on Experience
Engineer Not Liable for Telling Contractor it Would be Paid for Differing Conditions
Donald A. O’Brien – April 7, 2014 JEM Contracting, Inc. v. Morrison-Maierle, Inc., 373 Mont. 391, 318 P.3d 678 (Jan. 28, 2014) Plaintiff contractor was hired by two Montana Counties (“the Counties”) to work on a road construction project. Defendant engineering company was hired by the Counties to provide engineering services and supervision on the… Continue reading Engineer Not Liable for Telling Contractor it Would be Paid for Differing Conditions