Joshua Levy, Josh Neudorfer and Madeleine Bailey | Construction Executive In May 2020, a real estate developer performing excavation work in New York was sued by a neighboring property owner for property damage. A court overturned an injunction preventing the developer from continuing excavation work after reviewing a preconstruction assessment that showed the damage to… Continue reading Be a Good Neighbor: Techniques to Mitigate the Risk of Claims From Adjacent Landowners
Category: Insurance Claims
Be a Good Neighbor: Protect Against Claims by an Adjacent Landowner During Construction
Joshua Levy and Madeleine Bailey | Construction Executive There’s nothing like working in an office while pilings are being pounded into the ground next door, leading to crashing sounds of pile driving and the attendant afternoon headaches. Fortunately, that’s often the extent of a neighboring project’s real inconvenience. In other cases, however, construction in close… Continue reading Be a Good Neighbor: Protect Against Claims by an Adjacent Landowner During Construction
Court’s Opinion Provides Guidance on Protecting a Claims Handling Manual as a Trade Secret
Karl A. Schulz | Property Insurance Law Observer In Chavez v. Std. Ins. Co., 2020 U.S. Dist. LEXIS 203610 (N.D. Tex. Oct. 30, 2020), Judge David C. Godbey considered a variation on a common scenario that arises in first party cases. Typically, the insured/plaintiff wants an insurer’s claims handling manual to use against the insurer in… Continue reading Court’s Opinion Provides Guidance on Protecting a Claims Handling Manual as a Trade Secret
Who Has Priority Over My Recovery? – An Overview Of The Made Whole Doctrine
Jessica Skarin | Butler Weihmuller Katz Craig After paying out a claim, insurers often pursue a subrogation recovery from a responsible third party. In evaluating the potential for recovery, subrogation specialists consider many issues including proof of liability, applicable contract provisions, statutory limitations, and the cost of pursing a recovery. Well informed insurers also work… Continue reading Who Has Priority Over My Recovery? – An Overview Of The Made Whole Doctrine
General Contractor Overhead And Profit And AOB Insurance Scams
Gary Wickert | Claims Journal A storm is rising, and it is not the type which causes damage to homes and vehicles. It causes damage of a much more insidious nature. Following a storm or other natural disaster, canvassers hired by the “hail cartel”—lawyers or opportunistic general contractors—can be found blanketing a neighborhood and knocking… Continue reading General Contractor Overhead And Profit And AOB Insurance Scams