Cheryl D. Shoun | Nexsen Pruet | May 8, 2018 Drafting an agreement that includes a forum selection clause? Preparing to litigate an agreement that includes a forum selection clause and wondering how to argue? The United States District Court, relying on a recent Fourth Circuit opinion offered some help to your analysis in Allstate Crane… Continue reading Is Your Forum Selection Clause Mandatory or Permissive: How to Know the Difference and Why you Should
Tag: Advise & Consult
Does the Miller Act Trump Subcontract Dispute Provisions?
Christopher Horton | Smith Currie & Hancock | May 9, 2018 The Miller Act All general contractors performing public building or public works contracts with the federal government must be familiar with the Miller Act. It is a requirement for doing business with the federal government. Pursuant to the Miller Act, a general contractor entering… Continue reading Does the Miller Act Trump Subcontract Dispute Provisions?
Freezing Exclusion – What Does It Really Mean to Use Reasonable Efforts to Maintain Heat in the Building?
Christina Phillips | Property Insurance Coverage Law Blog | May 2, 2018 Whether residential or commercial, most property coverage policies exclude loss caused by freezing, unless the insured either: Uses reasonable or best efforts to maintain heat in the building; or drains the plumbing lines. Application of this freezing exclusion, however, often turns on interpreting… Continue reading Freezing Exclusion – What Does It Really Mean to Use Reasonable Efforts to Maintain Heat in the Building?
Allocating Responsibility for Defense and Indemnity Costs Among Multiple Insurers
Jason M. Seitz | Butler Weihmuller Katz Craig | April 30, 2018 Analysis of Zurich Am. Ins. Co. v. S.-Owners Ins. Co., 248 F. Supp. 3d 1268, 1276 (M.D. Fla. 2017) In a dispute between two insurers arising from an underlying premises liability action, a federal district court applied Florida law in its analysis of… Continue reading Allocating Responsibility for Defense and Indemnity Costs Among Multiple Insurers
Is a “Matching” Dispute Appropriate for Appraisal? – Update
Edward Eshoo | Property Insurance Coverage Law Blog | May 3, 2018 Last year in one of my blogposts, I wrote about Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company, and the issue whether appraisal is appropriate to resolve a dispute over the cost of repairing physically undamaged siding of townhome buildings to remedy a… Continue reading Is a “Matching” Dispute Appropriate for Appraisal? – Update