Kenneth Kan | Property Insurance Coverage Law Blog | February 22, 2016 How should coverage be determined if a loss is caused by a combination of both covered and excluded risks? Two months ago, in Vardanyan v. Amco Insurance Company,1 a California Court of Appeal issued an important decision addressing this issue. The court reaffirmed… Continue reading Efficient Proximate Cause Doctrine in California
PIB. And It’s Increased Movement Into Window Defect Claims
Gregory T. Hanson | Gordon & Rees LLP | February 17, 2016 Polyisobutylene, or PIB, is a synthetic rubber commonly used as an edge sealant in Insulating Glass Units (IGU’s). IGU’s consist of multiple glass panes within a window frame (e.g. “double-glazed” and/or “triple-glazed” windows), and serve the purpose of insulating building interiors from both sound… Continue reading PIB. And It’s Increased Movement Into Window Defect Claims
Calculating Actual Cash Value, Part 18: Minnesota
Shane Smith | Property Insurance Coverage Law Blog | February 21, 2016 In Minnesota, The broad evidence rule determines “actual cash value.”1 In Wilcox v. State Farm Fire and Casualty Company,2 the Minnesota Supreme Court recently ruled that in the absence of specific language in a policy identifying a method of calculating actual cash value… Continue reading Calculating Actual Cash Value, Part 18: Minnesota
Arbitration Means Arbitration Even If It Is About Arbitration
Larry P. Schiffer | Squire Patton Boggs | February 19, 2016 No one should doubt that the federal policy in favor of arbitration is broad and deep. It is evident in how difficult it is to vacate an arbitration award or avoid having to arbitrate a dispute where there is a broad arbitration provision. A… Continue reading Arbitration Means Arbitration Even If It Is About Arbitration
Court Reaffirms Damages Analysis in Construction Defect Cases
Thomas P. Wert | Roetzel & Andress | February 22, 2016 On February 5, 2015, the Court of Appeals, Second District, reaffirmed the means by which courts determine damages for construction defect claims. Gray v. Mark Hall Homes, Inc., 2016 WL 459436 (Fla. 2nd DCA Feb. 5, 2015). In 2005, Angela Gray contracted with Mark Hall… Continue reading Court Reaffirms Damages Analysis in Construction Defect Cases