Chip Merlin | Property Insurance Coverage Law Blog | April 11, 2017 Undisputed amounts of loss were discussed at the ABA property insurance law subcommittee last week. I have never met an insurance adjuster who said his company refused to pay undisputed amounts of loss when coverage was admitted. But, I have had insurance defense… Continue reading Undisputed Amounts of a Loss Should Be Promptly Paid
Tag: Advise & Consult
Recent Developments in the Interpretation of California’s Right to Repair Act
Kevin Meade, Esq. and Scott Halberstadt, Esq. | The Amin Law Group | April 10, 2017 While we await the California Supreme Court’s opinion in the matter of McMillin Albany, LLC v. Superior Court, 239 Cal.App.4th 1132 (2015) (hereinafter “McMillin”)[1], we have received additional guidance regarding the application and interpretation of California’s Right to Repair… Continue reading Recent Developments in the Interpretation of California’s Right to Repair Act
Collapse Claim Highlights the Importance of Retaining Experts Early in the Claim Process
Kevin Pollack | Property Insurance Coverage Law Blog | April 12, 2017 A recent case filed in the Western District of Texas highlights the importance of retaining experts to assist in evaluating the cause of loss early in the claim process. In White Lodging Services Corporation et al v. Liberty Mutual Fire Insurance Company,1a hotel… Continue reading Collapse Claim Highlights the Importance of Retaining Experts Early in the Claim Process
Is a Repair Cost Estimate Relevant When Repairs Are Based on Actual, Incurred Costs?
Edward Eshoo | Property Insurance Coverage Law Blog | April 7, 2017 I recently was involved in a lawsuit in which the insurer paid for some of the costs incurred by the insured in repairing his building following a loss. The insurer’s payment was based on a repair cost estimate prepared by its independent insurance… Continue reading Is a Repair Cost Estimate Relevant When Repairs Are Based on Actual, Incurred Costs?
“To Indemnify, or Not to Indemnify, that is the Question: California Court of Appeal Addresses Active Negligence in Indemnity Provisions”
Steven M. Cvitanovic and Omar Parra | Haight Brown & Bonesteel LLP | April 5, 2017 In California, it is well-established that the extent of a party’s obligation under an indemnity agreement is an issue of contractual interpretation, and it is therefore the intent of the parties that should control. What is the parties’ intent,… Continue reading “To Indemnify, or Not to Indemnify, that is the Question: California Court of Appeal Addresses Active Negligence in Indemnity Provisions”