Is an Adjuster Independently Liable for Bad Faith Conduct?

J. Ryan Fowler | Property Insurance Coverage Law Blog | March 10, 2019 I often get calls from potential clients that have filed a claim with their insurance and have been enraged by an insurance agent or adjuster assigned on the claim. Many potential clients say something like “I just wanted to get the claim… Continue reading Is an Adjuster Independently Liable for Bad Faith Conduct?

Certificates of Review in Colorado Construction Defect Litigation

Daniel E. Evans and Kaitlin Marsh-Blake | Gordon Rees Scully Mansukhani | February 28, 2019 The requirement to file a certificate of review early in a lawsuit is often imposed for the purpose of preventing frivolous professional malpractice actions and avoiding unnecessary time and cost in defending such claims. These statutory obligations vary between states… Continue reading Certificates of Review in Colorado Construction Defect Litigation

Condominium Conversions Defect Actions Under California Law: Not Your Run-of-the-Mill Defect Case

Brendan P. Bradley | Gordon Rees Scully Mansukhani | February 28, 2019 Condominium conversions may present developers and contractors with both additional defenses and potential liability pitfalls when a defect action is subsequently alleged by an HOA. On the plus side for the converter, unlike new residential construction projects, California Civil Code Section 896, which… Continue reading Condominium Conversions Defect Actions Under California Law: Not Your Run-of-the-Mill Defect Case

Replacement Cost Coverage and the 180-Day Notice Requirement

Edward Eshoo | Property Insurance Coverage Law Blog | March 3, 2019 In my experience, one of the most misinterpreted property insurance policy provisions is the 180-day notice requirement to receive replacement cost benefits. Many in the property insurance industry interpret the provision to require actual repair/replacement within 180 days of the loss. Others interpret… Continue reading Replacement Cost Coverage and the 180-Day Notice Requirement

But What About My Machines Just Sitting There? Fed Court Rules Only Some Idle Equipment Costs are Allowable in a Payment Bond Claim

Brendan Carter | The Dispute Resolver | March 1, 2019 In 2010, the United States Army Corps of Engineers (USACE) entered into an agreement with Hirani Engineering & Land Surveying, PC (Hirani) for the construction of a levee wall on the National Mall to prevent the Potomac River from flooding into Downtown Washington. Hirani in… Continue reading But What About My Machines Just Sitting There? Fed Court Rules Only Some Idle Equipment Costs are Allowable in a Payment Bond Claim