Rebecca Brazzano and Martine C. Wilson | Thompson Hine Key Notes: Carefully review the raining orders that address tolling of the statutes of limitations in your jurisdictions. Be mindful of governing choice of law provisions. Best practices include using tolling agreements and dusting off the defense of equitable tolling. One of the tried and true… Continue reading Statutes of Limitations Are Moving Targets During the COVID-19 Pandemic
Tag: insurance
And Yet One More Thing to Add to Your List of “Uncertainties”
Garret Murai | California Construction Law Blog We’re at war. One fought from the confines of our homes. As we enter into week four of California’s “shelter in place” order, and with experts saying that we may not be able to loosen (let alone, withdraw) restrictions until May at the earliest, many are thinking about… Continue reading And Yet One More Thing to Add to Your List of “Uncertainties”
Virus Exclusion? – Don’t Abandon Hope for Coverage Just Yet
David G. Jordan | Saxe Doernberger & Vita Companies across all industries have been deeply impacted by the social-distancing protocols and economic slowdown caused by the COVID-19 pandemic. Naturally, competent business owners have looked to their commercial business and property insurance programs to determine what coverage, if any, they may have to offset the financial… Continue reading Virus Exclusion? – Don’t Abandon Hope for Coverage Just Yet
Reverse Preemption Is Alive And Well In Washington State
Larry P. Schiffer | Squire Patton Boggs Most reinsurance contracts have binding arbitration provisions. The Federal Arbitration Act (FAA) sets out a national policy in favor of arbitration. Yet, there are states that expressly preclude arbitration provisions in insurance contracts. Does that apply to reinsurance contracts? In Washington Cities Insurance Authority v. Ironshore Indemnity, Inc., No.… Continue reading Reverse Preemption Is Alive And Well In Washington State
The Legal Framework for Insurance Disputes in USA
Summer Craig and Susannah S. Geltman | Simpson Thacher & Bartlett All questions The legal framework i Sources of insurance law and regulation The regulation of insurance in the US is primarily performed by the states. In 1945, the US Congress passed the McCarran-Ferguson Act, which provides that ‘No Act of Congress shall be construed to… Continue reading The Legal Framework for Insurance Disputes in USA