Tred R. Eyerly | Insurance Law Hawaii | October 4, 2018 Finding various exclusions inapplicable, the Federal District Court ruled that the insurer owed a defense to the general contractor based upon Texas law. Mt. Hawley Ins. Co. v. Slay Engineering, 2018 U.S. Dist. LEXIS 139363 (W.D. Texas Aug. 15, 2018). Huser Construction had a CGL… Continue reading Insurer Must Defend Insured Against Construction Defect Claims
Tag: Advise & Consult
New California “Construction” Legislation
Richard H. Glucksman, Esq. and Chelsea L. Zwart, Esq. | Chapman Glucksman Dean Roeb & Barger | November 8, 2018 Governor Jerry Brown signed two potentially impactful Senate Bills relating to the construction of apartment buildings late last month. These Bills, discussed further below, were introduced, in part, in response to the Berkeley balcony collapse… Continue reading New California “Construction” Legislation
Supreme Court of Florida Upholds the Frye Standard
Andrew O. Gay and Luis Prats | Carlton Fields | November 13, 2018 On October 15, 2018, in the matter of Richard Delisle vs. Crane Co., et al.[1], the Supreme Court of Florida unequivocally reaffirmed that Frye remains the standard for the admission of expert testimony. This reaffirmation comes after the Florida Legislature amended section 90.702 to incorporate… Continue reading Supreme Court of Florida Upholds the Frye Standard
Construction One-Minute Read: What If Your Insurance Carrier Negligently Provides Insufficient Coverage?
Jonathan M. Mraunac | Ogletree Deakins | November 13, 2018 On October 18, 2018, the Illinois Supreme Court clarified when the statute of limitations begins to run on a claim for negligent procurement of insurance by an insurance agent or broker. In American Family Mutual Insurance Company v. Krop, 2018 IL 122556, the Illinois Supreme Court… Continue reading Construction One-Minute Read: What If Your Insurance Carrier Negligently Provides Insufficient Coverage?
Rethinking the Boilerplate: Alternative Dispute Resolution Procedures in Construction Contracts
Robert Alfert, Jr. and Edward R. Philpot | Nelson Mullins Riley & Scarborough LLP | November 2, 2018 “Litigation is a basic legal right guaranteeing every corporation its decade in court.” Attributed to David Porter, Executive Vice President of Microsoft. Most courts and juries are ill-equipped to handle complex business and technical litigation matters, yet most… Continue reading Rethinking the Boilerplate: Alternative Dispute Resolution Procedures in Construction Contracts