Paul LaSalle | Property Insurance Coverage Law Blog | October 7, 2018 Insurance policies ordinarily contain terms that provide that an insured must exhibit the damaged property for the insurance company’s inspection after a loss. The same policies also provide that an insured has a duty to mitigate damages to the property to prevent further… Continue reading Collecting For Immediate Remediation Costs
Tag: Advise & Consult
California Court Holds No Coverage Under Pollution Policy for Structural Improvements
Brian Margolies | Traub Lieberman Straus & Shrewsberry | September 13, 2018 In its recent decision in Essex Walnut Owner L.P. v. Aspen Specialty Ins. Co., 2018 U.S. Dist. LEXIS 138276 (N.D. Cal. Aug. 15, 2018), the United States District Court for the Northern District of California had occasion to consider the issue of a pollution… Continue reading California Court Holds No Coverage Under Pollution Policy for Structural Improvements
Constructive Changes – A Primer
Jonathan R. Mayo | Smith Currie | September 10, 2018 A “constructive change” occurs when an owner action or omission not formally acknowledged by the owner to be a change in the contact’s scope of work forces the contractor to perform additional work. Constructive changes are not formal change orders, but informal changes that could… Continue reading Constructive Changes – A Primer
Court Upholds Denial of Collapse Coverage Where Building Still Stands
Tred R. Eyerly | Insurance Law Hawaii | August 29, 2018 The Michigan Court of Appeals affirmed the trial court’s decision finding the policy’s collapse coverage did not apply. Cmty. Garage v. Auto-Owners Ins. Co., 2018 Mich. App. LEXIS 2680 (Mich. Ct. App. June 19, 2018). The insured operated a truck repair business. In June 2016,… Continue reading Court Upholds Denial of Collapse Coverage Where Building Still Stands
When a Flow Down Provision Doesn’t Flow Up: Oregon Appellate Court Holds That a Flow Down Provision From a Prime Contract With an Arbitration Clause Does Not Grant Subcontractors a Right to Compel Arbitration With Owner
R. Zachary Torres-Fowler | Pepper Hamilton LLP | September 27, 2018 Eugene Water & Elec. Bd. v. MWH Americas, Inc., 2018 Ore. App. LEXIS 879 (July 25, 2018) On July 25, 2018, an Oregon appellate court concluded that a pair of subcontractors could not compel an owner to arbitrate its claims against them by virtue… Continue reading When a Flow Down Provision Doesn’t Flow Up: Oregon Appellate Court Holds That a Flow Down Provision From a Prime Contract With an Arbitration Clause Does Not Grant Subcontractors a Right to Compel Arbitration With Owner