Rosario M. Vignali | Wilson Elser | October 2, 2017 Deposing your adversary’s liability expert is not only a chance to delve into the details of the expert’s opinions, but the deposition also presents a great opportunity for defense counsel to explore the sustainability of the expert’s opinions going forward. In the context of a… Continue reading Asking the Right Questions at the Expert’s Deposition to lay the foundation for your client’s Daubert Challenge
Tag: Advise & Consult
Suit Up: Fla. Supreme Court Holds Statutory Defect Notice is a “Suit” Under CGL Policy
Katharine E. Kohm | The Dispute Resolver | December 23, 2017 Recently, the 11th Circuit was presented with an appeal concerning a commercial general liability (“CGL”) insurer’s duty to defend a general contractor. At issue was whether statutory-required notice from an owner to the general was a “suit” under the policy triggering the defense duty. The 11th posed this certified… Continue reading Suit Up: Fla. Supreme Court Holds Statutory Defect Notice is a “Suit” Under CGL Policy
Additional Insured Is Covered Under Ongoing Operations Endorsement Despite Subcontractor’s Completion of Work
Tred R. Eyerly | Insurance Law Hawaii | December 13, 2017 Although the homeowners did not own their homes when the subcontractors completed their work, the general contractor was still covered as an additional insured for the homeowners’ suits based on the ongoing operations endorsement in the subcontractors’ policies. McMillin Mgmt. Servs. v. Fin. Pac. Ins.… Continue reading Additional Insured Is Covered Under Ongoing Operations Endorsement Despite Subcontractor’s Completion of Work
Caveat Contractors: Under New California Law, General Contractors Will be on the Hook for Unpaid Subcontractor Wages
Jim McNeill and Peter Stockburger | Dentons | December 27, 2017 Enacted by California state legislators in September and effective for contracts entered on or after January 1, 2018, A.B. 1701 makes direct contractors (defined as those with a direct contractual relationship with a project owner) who work on private projects in California responsible for… Continue reading Caveat Contractors: Under New California Law, General Contractors Will be on the Hook for Unpaid Subcontractor Wages
Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage
Tred R. Eyerly | Insurance Law Hawaii | December 18, 2017 The Tennessee Court of Appeals reversed the trial court’s determination that the seller’s alleged negligent misrepresentation regarding the propensity of the property to flood was covered. Erie Ins. Exh. v. Maxwell, 2017 Tenn. App. LEXIS 746 (Tenn. Ct. App. Nov. 15, 2017). The Chapmans purchased… Continue reading Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage