Ken Sherman | Construction Law Zone The United States District Court for the District of Massachusetts has provided construction project owners, developers, general contractors, sub-contractors, suppliers, and vendors with a helpful reminder about obtaining effective additional insurance coverage on construction projects. In Factory Mut. Ins. Co. v. Skanska United States Bldg., No. 18-cv-11700-DLC, 2020. U.S. Dist.… Continue reading Note to “Additional Insureds” Relying on Builders’ Risk Insurance: Federal Court Decision Evaluates Extent of Coverage
Category: Insurance
Information Or Indemnity: Do Certificates Of Insurance Grant Insured Status?
Michael J. Bayern | Butler Weihmuller Katz Craig Often, a person or entity that is attempting to claim additional insured status under the insurance policy of another will rely on a “Certificate of Insurance” that was issued by the named insured’s agent. However, there are some considerations an insurer should take into account when presented… Continue reading Information Or Indemnity: Do Certificates Of Insurance Grant Insured Status?
Insured’s Experts Excluded, But Insurer’s Motion for Summary Judgment Denied
Tred R. Eyerly | Insurance Law Hawaii Despite barring the insured’s expert witnesses from testifying as to the cause of the loss, lay witnesses were still available, making the district court’s award of summary judgment to the insurer improper. Greater Hall Temple Church of God v. Southern Mut. Church Ins. Co., 2020 U.S. App.… Continue reading Insured’s Experts Excluded, But Insurer’s Motion for Summary Judgment Denied
What a Difference a Word Makes
Ethan Price-Livingston | Cozen O’Connor A recent decision by a Massachusetts Appellate Court reinforces that every word in an insurance policy has meaning, and that one word can make all the difference. In Phoenix Baystate Constr. Co., Inc. v. First Ins. Co., 145 N.E.3d 911, 2020 WL 2516670 (Mass. App. May 18, 2020), review denied 150… Continue reading What a Difference a Word Makes
Eastern District of Pennsylvania Clarifies Standard for Imposing Spoliation Sanctions
Kean Maynard | The Subrogation Strategist Courts are faced with the difficult task of drawing a line to determine when the failure to preserve evidence becomes culpable enough to permit a judicial remedy. In State Farm Fire & Cas. Co. v. Cohen, No. 19-1947, 2020 U.S. Dist. LEXIS 163681, the United States District Court for the… Continue reading Eastern District of Pennsylvania Clarifies Standard for Imposing Spoliation Sanctions