Billie Jo Fatheree and Daniel Miske | Husch Blackwell | July 11, 2018 In a recent case out of New York (Board of Mgrs. Of 325 Fifth Ave. Condominium v. Continental Residential Holdings LLC, 139 A.D.3rd 472 (2017)) a condominium board signed a broadly worded document, releasing the developer and multiple other developer-related entities and their… Continue reading Thinking of Signing a Release? Do Your Homework
Category: Insurance Claims
Federal Court in California Holds That Subcontractor May Proceed With Claim for Delay Damages, Despite No-Damage-For-Delay Clause, Where Changes to the Work Amount to an Implied Abandonment of the Subcontract
John H. Conrad | Pepper Hamilton LLP | July 12, 2018 Rai Indus. Fabricators, LLC v. Fed. Ins. Co., 2018 U.S. Dist. LEXIS 74612 (N.D. Cal., May 2, 2018) Sauer Incorporated (“Sauer”) contracted with the U.S. Army to design and construct the Operational Readiness Training Complex at Fort Hunter, California. Sauer subcontracted with Agate Steel,… Continue reading Federal Court in California Holds That Subcontractor May Proceed With Claim for Delay Damages, Despite No-Damage-For-Delay Clause, Where Changes to the Work Amount to an Implied Abandonment of the Subcontract
Everything You Always Wanted to Know About Examinations Under Oath — But Were Afraid to Ask!
Edward Eshoo Jr. | Adjusting Today | July 2018 Introduction Property insurance policies impose certain duties or obligations upon an insured in the event of loss or damage.1 One such enumerated duty is submitting to an examination under oath (“EUO”), a formal proceeding during which an insured is orally questioned by a representative of the insurer, usually counsel, under oath… Continue reading Everything You Always Wanted to Know About Examinations Under Oath — But Were Afraid to Ask!
Assignment of Claim Post Loss is Valid Despite Disputed Value
Chip Merlin | Property Insurance Coverage Law Blog | June 26, 2018 Claim assignments post loss are generally valid despite policy language preventing the same. This is true even if the amount of the claim owed is disputed.1 In a very recent opinion, the facts indicated that the insureds signed a “Work Order Agreement to… Continue reading Assignment of Claim Post Loss is Valid Despite Disputed Value
All “Hail” the Importance of Documenting Claims
Stephen S. Asay | Pillsbury | June 29, 2018 A recent case in the Fifth Circuit, Certain Underwriters at Lloyd’s of London v. Lowen Valley View, L.L.C., provides a valuable reminder to policyholders of the importance of promptly investigating any event that could cause damage, documenting that damage shortly after it occurs, and putting insurers on… Continue reading All “Hail” the Importance of Documenting Claims