Jordan R. Plitt | Claims Journal In BonBeck Parker, LLC v. Travelers Indemnity Co. of America, 14 F.4th 1169 (10th Circ. 2021) the Court held that the Travelers’ policy permitted either party to request an appraisal on “the amount of loss,” which was a phrase with an ordinary meaning in the insurance context that unambiguously encompassed causation disputes.… Continue reading Viewpoint: Tenth Circuit Court of Appeals Finds Policy Appraisal Clause Allows Causation Determinations
Does a Water Backup Exclusion Include Sewage?
Jordan R. Plitt | Claims Journal Standard property policies typically contain an exclusion which provides that the insurer “will not pay for loss or damage caused directly or indirectly by . . . water that backs up or overflows from a sewer, drain, or sump.” A reasonable reading of that language would likely include within… Continue reading Does a Water Backup Exclusion Include Sewage?
Water Damage Restoration – A Guide to Advanced Structural Drying
Theresa Chimento | J.S. Held Overview Advanced Structural Drying (ASD) is the effective, efficient drying of water-damaged buildings and dwellings, using comprehensive knowledge and tools. The process includes the collection of appropriate data for utilization and application of scientific and technical principles. Psychrometry – the science of drying, helps to track moisture content, drying progress,… Continue reading Water Damage Restoration – A Guide to Advanced Structural Drying
The Great Debate: Do You Arbitrate Commercial Disputes?
David Taylor | Bradley In a civil case, is it wiser for a business to try to persuade the counterparty to agree from the outset to arbitration—or potentially to place it’s very solvency in the unpredictable hands of a judge and jury? Many “form” commercial contracts contain clauses mandating that any disputes that arise be… Continue reading The Great Debate: Do You Arbitrate Commercial Disputes?
The Difference Between Differing Site Conditions And Superior Knowledge
Brian Waagner | Husch Blackwell The decision of the Court of Federal Claims in Marine Industrial Construction LLC v. United States, 158 Fed. Cl. 158 (2022), includes detailed analysis of several legal issues familiar to contractors facing challenging subsurface conditions on a federal construction contract. In addition to the sufficiency of the contractor’s compliance with the unique notice requirements… Continue reading The Difference Between Differing Site Conditions And Superior Knowledge