Dennis Cavanaugh and Tasnuva Islam | Construction Law Zone Most bond forms in use today, including the standard form AIA A312-2010, contain express condition precedents that trigger a surety’s obligations under the bond. Under a performance bond, the bond obligee is required to provide formal notice to the surety that the principal has materially defaulted… Continue reading Rhode Island Affirms The Principle That Sureties Must be Provided Notice of Default Before They Can be Held Liable for Principal’s Default
Category: Insurance
Construction-Defect Subrogation on the Rise But it Just Became More Difficult in Florida
William Rabb | Insurance Journal Florida lawmakers this year approved a measure that could help reduce liability insurance premiums for home and condo builders – and limit exposure and litigation for liability insurers. But Senate Bill 360, which took effect in April, could also make it more difficult for property insurers to bring construction-defect subrogation… Continue reading Construction-Defect Subrogation on the Rise But it Just Became More Difficult in Florida
Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured
Tred R. Eyerly | Insurance Law Hawaii The court found that the insurer continued to be bound by a defense agreement entered with the insured who merged with another company. Continental Ins. Co. v. Neles-Jamesbury, Inc., 2023 U.S. Dist. LEXIS 52521 (D. Mass. March 28, 2023). In 1990, Neles-Jamesbury became the sucessor… Continue reading Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured
Unanimous Supreme Court Holds (Reaffirms) False Claims Act Responsibility Requires Offender’s Belief of Lie
Lawrence M. Prosen and Josephine M. Bahn | Cozen O’Connor On June 1, 2023, the United States Supreme Court issued its ruling in two consolidated cases concerning the False Claims Act (FCA), United States ex rel. Schutte et al. v. SuperValu Inc. et al., Case No. 21-1326, and United States ex rel. Proctor v. Safeway, Case No. 22-111. The Court’s opinion has substantial implications… Continue reading Unanimous Supreme Court Holds (Reaffirms) False Claims Act Responsibility Requires Offender’s Belief of Lie
Subrogation 101 (and Why Should I Care?)
Clark Thiel and Alexis N. Wansac | Gravel2Gavel What is subrogation? Why am I being asked to waive it? Should I care? To answer that last question, let’s take a quick run at the first two. What Is Subrogation?“Subrogation” refers to the act of one person or party standing in the place of another person… Continue reading Subrogation 101 (and Why Should I Care?)