Ryan B. Frazier | Kirton McConkie | August 28, 2017 Have you ever thought about how the word “limit” defines our perceptions of and interactions with the world around us? The concept of a “limit” engenders thoughts of a boundary, an edge, or an end. When we say something is limited, we are suggesting that… Continue reading How Utah Evaluates a Worker’s Entitlement to PTD Benefits
Category: Insurance Claims
Collapse of Improperly Built Deck Not An Occurrence
Tred Eyerly | Insurance Law Hawaii | August 16, 2017 The court found that the insured’s faulty construction of an outside deck did not arise from an occurrence. Employers Mut. Cas. Co. v. West, 2017 U.S. Dist. LEXIS 113951 (N.D. Miss. July 21, 2017). D.L. Action Construction Company (DLA) constructed multifamily dwellings. They were sued by… Continue reading Collapse of Improperly Built Deck Not An Occurrence
Nevada Non-Mutual Claim Preclusion Case Effect on Permissive Cross-Claims
James Cavanaugh | Gordon Rees Scully Mansukhani | August 15, 2017 In construction defect litigation, including matters where the contractors are covered by owner controlled insurance policies (“OCIP”) or design professionals are not sued by plaintiff, a question often arises as to whether or not the co-defendants should file cross-claims for indemnity or contribution regarding… Continue reading Nevada Non-Mutual Claim Preclusion Case Effect on Permissive Cross-Claims
Claim Barred by Florida’s Construction Defect Statute of Repose? Maybe Not. Florida Court Says You Should Read the Construction Contract More Closely
Troy Vuurens | Butler Weihmuller Katz Craig | August 21, 2017 Claim professionals are often reminded that even the most meritorious claim is worthless if not filed within the applicable statute of limitations or statute of repose. In the world of construction defect claims, Florida law provides for a 10-year statute of repose. Under §… Continue reading Claim Barred by Florida’s Construction Defect Statute of Repose? Maybe Not. Florida Court Says You Should Read the Construction Contract More Closely
The Trouble With ‘Which’ and ‘That’
Gary Blake | Claims Journal | August 11, 2017 In my book, The Elements of Business Writing (Pearson Education), I have a section on “Misused and Troublesome Words.” Among the most troublesome pairs of words in English are which and that. Most people use them interchangeably, but each has its special place in communication. I wrote, “Ideally, that is used with a… Continue reading The Trouble With ‘Which’ and ‘That’