Chase Turnbull | Maynard Nexsen In recent weeks, our firm obtained summary judgment under a contractual limitations provision that the plaintiff-insured argued had been equitably tolled due to the insurance carrier’s conduct. Although the good guys won, the case offers helpful reminders for carriers handling claims in California and across the county. Contractual Limitations Provisions… Continue reading Lessons in Limitation – Contractual Limitations Provisions as a Basis for Summary Judgment
A Potentially Less Expensive and More Effective Arbitration Process
James T. Swensen | JAMS Have you ever handled a case that was difficult to settle because of a single disputed fact? Party A insists something is black, while Party B argues just as adamantly that it is white. These types of factual disputes often become significant roadblocks to resolution, prolonging the process and increasing… Continue reading A Potentially Less Expensive and More Effective Arbitration Process
Time is Money on Construction Projects and Categories of Delay
David Adelstein | Florida Construction Legal Updates As we know on construction projects, the adage “time is money” always applies. It applies to contractors just as much as owners. If a project is delayed, a contractor incurs additional overhead costs known as general conditions and general requirements which are driven by time. Similarly, an owner experiences its own delay… Continue reading Time is Money on Construction Projects and Categories of Delay
Professional Liability Insurance Considerations When Design Professionals are Involved
Lara Yost and Debran O’Neil | The Dispute Resolver When it comes to managing risk, design professionals must carefully consider both commercial general liability (CGL) and professional liability insurance. While these two types of coverage both protect against third-party claims, they have key differences in how they work, when they apply, and what they cover.… Continue reading Professional Liability Insurance Considerations When Design Professionals are Involved
Insurer Granted Summary Judgment After Insured Fails to Establish Claim is Covered
Tred R. Eyerly | Insurance Law Hawaii The federal district court granted the insurer’s motion for summary judgment because the insureds failed to meet their burden of establishing the claim was covered by the policy. Cutchall v. Chubb Lloyd’s Ins. Co. of Tex., 2024 U.S. Dist. LEXIS 234546 (S. D. Texas Dec. 31, 2024). … Continue reading Insurer Granted Summary Judgment After Insured Fails to Establish Claim is Covered