David McLain | Higgins, Hopkins, McLain & Roswell In the recent case of BKV Barnett, LLC v. Electric Drilling Technologies, LLC, the United States District Court for the District of Colorado dealt with significant legal issues concerning indemnification and insurance obligations in construction agreements. The ruling, handed down on September 26, 2024, serves as a crucial… Continue reading BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute
Category: Insurance
Construction Professionals Could Face More Liability Exposure Following California Appellate Ruling
Jamison Rayfield and Brian Slome | Lewis Brisbois The California Court of Appeal recently reversed a summary judgment ruling in favor of a geotechnical engineering firm that had conducted a brief inspection of a residential construction project’s footing trench for $360. The case arose when homeowner Cheryl Lynch experienced significant property damage after her home’s foundation failed… Continue reading Construction Professionals Could Face More Liability Exposure Following California Appellate Ruling
Weathering the Storm—Part 2: Understanding Liquidated and Consequential Damages in Construction Contracts
Patrick Kelly and Reynolds Sands | Gray Reed In the wake of increasingly frequent natural disasters, construction insurance has become more critical than ever. While many stakeholders view insurance as just another project cost, it is actually your first line of defense against catastrophic losses from wildfires, tornados, or hurricanes. Understanding your insurance options and… Continue reading Weathering the Storm—Part 2: Understanding Liquidated and Consequential Damages in Construction Contracts
Finger Pointing Betwen Liability Insurers and “Other Insurance” Provision
David Adelstein | Florida Construction Legal Updates It’s not uncommon when liability insurers point the finger at each other relating to which insurer should be deemed primary, which insurer should be excess, or whether a pro rata contribution between insurers applies. Typically, this needs to be decided by the “other insurance” provision in the insurance policy that… Continue reading Finger Pointing Betwen Liability Insurers and “Other Insurance” Provision
Insured Fails to Provide Adequate Proof of Water Damage Through Roof
Tred R. Eyerly | Insurance Law Hawaii The federal district court granted the insurer’s motion for summary judgment due on the insured’s claims for water damage to a church. Unity Church of God in Christ of York v. Church Mutual Ins. Co., 2024 U.S. Dist. LEXIS 163204 (M.D. Pa. Sept. 11, 2024). … Continue reading Insured Fails to Provide Adequate Proof of Water Damage Through Roof