Garry R. Boehlert and Trevor Ashbarry | For The Defense | February 2018 Look within the general conditions of virtually every construction contract and you will find a clause captioned “indemnity” or “indemnity and duty to defend.” Often these clauses have been cut, pasted, and cobbled together so many times that they become a jumble of… Continue reading Ways to Make Sure the Indemnity Clause You Just Negotiated Is Not Your Enemy
Tag: Advise & Consult
Do You Really Need a Court to Tell You What the Insurance Policy Covers? Litigating Insurance Coverage Issues? When and How to Turn to the Courts (Part 1)
A. David Fawal | BizLitNews Blog | March 2, 2018 No one should know what an insurance policy covers better than the insurer itself. After all, the insurer wrote the policy, right? Yet there are times when coverage questions arise that even the drafter of the policy cannot answer – and on those occasions, a… Continue reading Do You Really Need a Court to Tell You What the Insurance Policy Covers? Litigating Insurance Coverage Issues? When and How to Turn to the Courts (Part 1)
In Construction, There’s A Tattletale And There’s What Is Right
Matthew DeVries | Best Practices Construction Law | March 5, 2018 Sometimes, we avoid doing bad things because of the risk of getting caught. Other times, we avoid doing bad things because we simply choose to do right things. Whatever the camp you fall into, a recent government contracts case tells a story that should… Continue reading In Construction, There’s A Tattletale And There’s What Is Right
The Known Loss Doctrine and Liability Insurance
David M. Atkinson and Eleanor G. Jolley | Claims Journal | February 20, 2018 Insurance coverage is premised on the concept of fortuity – a loss that occurs by chance or accident. When an insurance company issues a policy, it insures against a risk of possible loss, not a certainty. Insurance carriers do not intend to provide coverage for… Continue reading The Known Loss Doctrine and Liability Insurance
Court Allows Insured to Recover Business Income for Potential Contingency Fees
Jason Cleri | Property Insurance Coverage Law Blog | March 1, 2018 On August 22, 2013, a fire destroyed an office building where one tenant, Bernstein Liebhard LLP, was a mass tort law practice. The firm’s mass tort practice was shut down for a year. The insured law firm sued Sentinel Insurance Company Limited for… Continue reading Court Allows Insured to Recover Business Income for Potential Contingency Fees