Blake Robinson | Davis Wright Tremaine The California Court of Appeal recently reversed a trial court’s dismissal of a lawsuit, concluding that because there was a dispute over when a homeowner’s claim “occurred” for purposes of an insurance policy, that dispute must be resolved by a jury. Case Background Guastello v. AIG Specialty Insurance Co.1 involved… Continue reading California Court Rules Jury Must Resolve Dispute Between Homeowner and Subcontractor Insurer Over When Claim Occurred
Category: Insurance Claims
Court of Appeals Discusses the Difference Between “Claims-Made” and “Occurrence-Based” Insurance Policies
Garret Murai | California Construction Law Blog As most contractors know, scope, price and time are the “big” three in any construction contract. Nearly as important, however, are the insurance provisions. Patricularly, when things go bad on a construction project. As the next case, Guastello v. AIG Specialty Insurance Company 61 Cal.App.5th 97 (2021) discusses, the difference… Continue reading Court of Appeals Discusses the Difference Between “Claims-Made” and “Occurrence-Based” Insurance Policies
Witnesses, Add to Your ‘Truthiness’ by Showing Pictures
Dr. Ken Broda-Bahm | Holland & Hart The idea is a merger of pop culture with academics. In pop culture, “truthiness” refers facetiously to the feeling of something being true, independent of its actual truth value (a term coined by late-night comedian, Stephen Colbert). Academics, however, have creatively adopted the term to describe the real phenomenon that… Continue reading Witnesses, Add to Your ‘Truthiness’ by Showing Pictures
Florida Senate Passes Legislation to Reform Litigation for Property Insurance Claims
Matthew Lewis | PropertyCasualtyFocus Toward the end of the 2021 Florida legislative session, the Florida Senate passed Senate Bill 76, a bill that focuses on reducing litigation related to property insurance claims and also places restrictions on companies soliciting insureds to file roof claims. At the heart of SB 76 is the implementation of a presuit… Continue reading Florida Senate Passes Legislation to Reform Litigation for Property Insurance Claims
Pass-Through Subcontractor Claims, Liquidating Agreements, and Avoiding a Two-Front War
Bradley Sands | ConsensusDocs Subcontractor claims happen. When those subcontractor claims are prompted by owner actions or responsibilities, the general contractor must always be vigilant to plan for and work to avoid a two-front war in which the general contractor is pushing the owner for recovery while at the same time disputing the subcontractor’s entitlement.… Continue reading Pass-Through Subcontractor Claims, Liquidating Agreements, and Avoiding a Two-Front War