John Paul Nefflen | Burr Foreman LLP | November 2, 2015 Arbitration clauses are a common feature in a large part of my business litigation practice. They are generally enforceable under both federal and state statutes (e.g., the Federal Arbitration Act and the Tennessee Uniform Arbitration Act), and federal and state case law generally uphold… Continue reading Arbitration Clauses Under Attack – do they Harm Consumers?
California Appeals Court Rejects Insurer’s “Escape” Clause and Confirms Tolling of Statute of Limitations for Equitable Contribution Claims
Timothy P. Lindell | Gordon & Rees LLP | November 5, 2015 In Underwriters of Interest v Probuilders Specialty Ins. Co. (Case No. D066615, filed 10/23/15), the California Court of Appeal for the Fourth District, Division One, rejected an insurer’s “escape” clause, ruled that a Contractors Special Conditions endorsement was inapplicable, and confirmed that the statute of… Continue reading California Appeals Court Rejects Insurer’s “Escape” Clause and Confirms Tolling of Statute of Limitations for Equitable Contribution Claims
Nevada Joins States Protecting Insureds from Lawyers Serving Two Masters
Nick Thede | Ball Janik | November 3, 2015 Nevada recently became the latest jurisdiction to protect the interests of policyholders by adopting the so-called Cumis counsel rule. In State Farm Mut. Auto. Ins. Co. v. Hansen (Sept. 24, 2015), the Nevada Supreme Court held that insurers are required to pay for independent counsel for insureds… Continue reading Nevada Joins States Protecting Insureds from Lawyers Serving Two Masters
Provide Notice (and 10 other tasks) when Pursuing a Construction Claim
Matthew J. DeVries | Burr & Forman LLP | November 4, 2015 When dealing with a construction claim — whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. Generally, you have to make sure that you comply with the contract or insurance provisions by: (1)… Continue reading Provide Notice (and 10 other tasks) when Pursuing a Construction Claim
Ninth Circuit: Incorporation of the AAA’s Rules Is Agreement to “Arbitrate Arbitrability”
Mark W. Frilot | The Dispute Resolver | November 6, 2015 The Ninth Circuit’s recent decision in Brennan v. Opus Bank, Nos. 13-35580 & 13-35598 (9th Cir. 8/25/15) is not a construction case. However, the court’s decision might be pertinent to parties seeking to compel arbitration of construction disputes, particularly disputes arising from contracts that… Continue reading Ninth Circuit: Incorporation of the AAA’s Rules Is Agreement to “Arbitrate Arbitrability”