Amy Elizabeth Garber and Robert J. Symon | Buildsmart When crafting a liquidation or “pass-through” agreement for a subcontractor claim against the government, the key provision from the prime contractor’s perspective is a release from any liability for the subcontractor’s claim with the exception of amounts recovered from the government related to that claim. If the… Continue reading Walking the Tightrope: Liquidation Agreement “Traps for the Unwary”
Category: Property Insurance Claims
Statutes of Limitations Are Moving Targets During the COVID-19 Pandemic
Rebecca Brazzano and Martine C. Wilson | Thompson Hine Key Notes: Carefully review the raining orders that address tolling of the statutes of limitations in your jurisdictions. Be mindful of governing choice of law provisions. Best practices include using tolling agreements and dusting off the defense of equitable tolling. One of the tried and true… Continue reading Statutes of Limitations Are Moving Targets During the COVID-19 Pandemic
Ways of Evaluating Property Damage Claims in Various Contexts
Bremer Whyte Brown and O’Meara Potential damages in a lawsuit may come in many forms depending on the facts of the case. Common damages include medical expenses, loss of earnings, property loss, physical pain, and mental suffering. Of the many damages Plaintiffs may claim, one of the most prevalent and recognizable is property damage. This… Continue reading Ways of Evaluating Property Damage Claims in Various Contexts
Montana Supreme Court: Insurer Not Bound by Insured’s Settlement
K. Alexandra Byrd | SDV Insights | October 24, 2019 In Draggin’ Y Cattle Co., Inc. v. Junkermier, et al.1 the Montana Supreme Court held that where an insurer defends its insured and the insured subsequently settles the claims without an insurer’s participation, a court may approve the settlement as between the underlying plaintiff and underlying defendant,… Continue reading Montana Supreme Court: Insurer Not Bound by Insured’s Settlement
Insurer Must Pay for Matching Siding of Insured’s Buildings
Tred R. Eyerly | Insurance Law Hawaii | September 11, 2019 The Seventh Circuit found that the insurer was obligated to pay for siding of a building that was not damaged by hail so that it matched the replaced damaged portions of the siding. Windridge of Naperville Condominium Association v. Philadelphia Indem. Ins. Co.,… Continue reading Insurer Must Pay for Matching Siding of Insured’s Buildings