Craig Martin – Alternative Dispute Resolution – February 20, 2014 Avoid litigation at all costs was the mantra several years ago. Supporters of arbitration claimed that it was less expensive, quicker and avoided run-away juries. But, are these claims still true? Is arbitration still better? Well, it depends. Some claims may benefit from arbitration, but… Continue reading Arbitration—is it Really the Better Way to Resolve Construction Disputes?
Proving and Winning a First Party Bad Faith Case in Colorado, Part 3 – The Nuts and Bolts of Discovery : Property Insurance Coverage Law Blog
In this part of my series on Proving and Winning a First Party Bad Faith Case in Colorado, I am going to disclose the Request for Production of Documents I recently served upon the insurer’s attorney on a case I am handling in federal court in the Western District of Missouri. I am sharing this… Continue reading Proving and Winning a First Party Bad Faith Case in Colorado, Part 3 – The Nuts and Bolts of Discovery : Property Insurance Coverage Law Blog
Proving and Winning a First-Party Bad Faith Case in Colorado, Part 2 : Property Insurance Coverage Law Blog
David Furtado – Property Insurance Coverage Law Blog – February 25, 2014 In a previous post regarding proving a first-party bad faith case in Colorado, I wrote about C.R.S. §§10-3-1113 and 10-3-1104. These statutes provide the first place to look when taking actions in representing policyholders, and provide guidance regarding the questions I ask in… Continue reading Proving and Winning a First-Party Bad Faith Case in Colorado, Part 2 : Property Insurance Coverage Law Blog
Waiver of Subrogation – Two Reminders
Stanley A. Martin – February 5, 2014 Diesel fuel is spilled during renovation of a library, damaging both the work in progress and the surrounding building or land. Damages may exceed $500,000, but the owner’s pollution coverage is apparently limited to $5,000. Is the owner barred from pursuing the contractor and others based on the waiver of… Continue reading Waiver of Subrogation – Two Reminders
Indiana Bad Faith Ruling is Reminder that Resolution of Breach of Contract Claims in Favor of Insurer Does Not Necessarily Require Disposal of Tort-Based Bad Faith Claims
Gregory G. Schwab, Carolyn Due, Matthew M. Haar, Joseph C. Monahan, Amy L. Piccola and Thomas S. Schaufelberger – February 12, 2014 Klepper v. Ace American Ins. Co., No. 15A05-1212-CC-645 (Ind. Ct. App. Dec. 5, 2013) Indiana Court of Appeals permits class action plaintiffs to pursue theory of bad faith claims handling even after dismissal… Continue reading Indiana Bad Faith Ruling is Reminder that Resolution of Breach of Contract Claims in Favor of Insurer Does Not Necessarily Require Disposal of Tort-Based Bad Faith Claims