October 13, 2015 On December 1, 2015, amendments to the Federal Rules of Civil Procedure adopted by the United States Supreme Court will be effective (absent action by Congress). The amendments to the Rules should be duly noted by litigation practitioners as certain of the amended rules appear to represent an increased focus on limiting… Continue reading Important Changes to the Federal Rules are Almost Here
Utah Court: Seepage Over A Months-Long Period Is Excluded As Moral Hazard
October 14, 2015 Two weeks ago in Wheeler v. Allstate Ins. Co., 2015 WL 5714392, 2015 U.S. Dist. LEXIS 131736 (C.D.Utah, Sep. 29, 2015), a Utah court barred coverage for a mold loss caused when a vacant log cabin suffered a long-term water leak. The policy excluded “seepage or leakage over a period of weeks,… Continue reading Utah Court: Seepage Over A Months-Long Period Is Excluded As Moral Hazard
In Praise of Appraisal
Invoking alternatives to litigation in disputes over property catastrophe losses. Litigating catastrophe claims can be costly. Recently, the Committee of Magistrate Judges appointed in the In Re Hurricane Sandy litigation in the Eastern District of New York commented that they were alarmed by one defense attorney’s prediction that the defense of roughly 1,200 flood cases… Continue reading In Praise of Appraisal
Denver Mayor wants “Common Sense” Solution to Untangle Red Tape around Condo Development
October 13, 2015 Ordinance for reform of construction defects code could get a final vote of city council by mid-November Denver is weighing in on the vexing issue of construction defects reform with the unveiling Tuesday of a proposed ordinance the city hopes will pump renewed vigor into the local condo market. The city is… Continue reading Denver Mayor wants “Common Sense” Solution to Untangle Red Tape around Condo Development
The Importance of Flood Insurance for Property Damage Claims
October 19, 2015 Preliminary estimates of the damages due to the heavy flooding in South Carolina are believed to be over $1 billion. Unfortunately, many residential and commercial property owners in the impacted areas did not have flood insurance. In fact, some experts have put the number of people with flood insurance and damaged properties… Continue reading The Importance of Flood Insurance for Property Damage Claims