Brandee Bower | Property Insurance Coverage Law Blog | March 17, 2015 A recent federal decision in Virginia has confirmed that policyholders may pursue first party bad faith claims against insurance companies.1 A hotel reported a loss after its HVAC roof units were stolen, resulting in property damage and loss of business income. The insurance company… Continue reading More Support for First Party Bad Faith Claims Against Insurers
Contractor Not Liable for Death of Painter Who Fell Off Flat Roof
Bill Kenealy | Business Insurance | February 27, 2015 An Ohio appellate court judge has found that a painting contractor is not liable for the 2011 death of a worker even though the company was cited for safety violations in relation to the worker’s fatal fall. In a ruling issued on Thursday, Judge Melody J. Stewart… Continue reading Contractor Not Liable for Death of Painter Who Fell Off Flat Roof
Pay-if-Paid Clauses, Nasty, but Enforeceable
Craig Martin | Construction Contractor Advisor | March 8, 2015 I am preparing for a presentation this week on Troublesome Contract Clauses to the Construction Specifications Institute (“CSI”), Nebraska Chapter. One of the clauses we will be discussing is the dreaded Pay-if-Paid clause, a particularly nasty provision that places the risk of owner’s solvency squarely… Continue reading Pay-if-Paid Clauses, Nasty, but Enforeceable
Can General Contractors Make Subcontractors Pay for OSHA Violations?
Craig Martin | Construction Contract Advisor | March 1, 2015 OSHA has long held the opinion that general contractors may be held liable for subcontractor’s OSHA violations and the Eighth Circuit Court of Appeals, overseeing the Midwest, has agreed since 2009. To combat this risk, general contractors would be well served to incorporate targeted indemnity… Continue reading Can General Contractors Make Subcontractors Pay for OSHA Violations?
Insurer Relies on Unpublished Court Opinion to Dodge Bad Faith
Robert Trautman | Property Insurance Coverage Law Blog | March 6, 2015 Readers of this blog are aware that New Jersey is not the best state in the land if you want to hold insurance carriers to their promises by way of bad faith. The process just got even harder in light of the Supreme Court’s… Continue reading Insurer Relies on Unpublished Court Opinion to Dodge Bad Faith