Bradford Kuhn | Nossaman Planning and constructing public infrastructure projects takes significant time – sometimes many years. Property owners and businesses who may be impacted are left in a state of limbo, not knowing for sure whether the project will move forward, when it will move forward and what the ultimate impacts will be. This… Continue reading Project Planning and Acquisition Negotiations Do Not Trigger Inverse Condemnation Liability
Tag: insurance
The Made-Whole Doctrine and Deductibles
Timothy P. Law and Esther Y. Kim | Reed Smith The made-whole doctrine (also known as the make-whole doctrine or the full compensation rule) is an equitable principle requiring a policyholder to be made whole for its loss before an insurance company can exercise its subrogation rights against a third party. It is essentially a… Continue reading The Made-Whole Doctrine and Deductibles
Pre-Policy Email Does Not Constitute A Claim
Elizabeth Fisher | Wiley The United States District Court for the Southern District of California, applying California law, has held that an email issued to an insured homeowners association (“HOA”) before the inception of the relevant claims-made policy did not constitute a “Claim” because it failed to identify a specific process that the insured could… Continue reading Pre-Policy Email Does Not Constitute A Claim
Oregon Supreme Court Expands Meaning of “Accident” in Insurance Policy
Blake Robinson | Davis Wright Tremaine Key Takeaways On February 15, 2023, the Oregon Court of Appeals issued a decision holding that a claim for breach of a settlement agreement did not trigger an insurance policy because a breach of contract was not an “accident” under the policy, even though the alleged breach was negligently… Continue reading Oregon Supreme Court Expands Meaning of “Accident” in Insurance Policy
No Second Chance: Colorado Court of Appeals Bars Indemnity Claim Under Doctrine of Claim Preclusion
Gail Gudder | Higgins, Hopkins, McLain & Roswell A cautionary tale for contractors and their counsel: if you dismiss an indemnity claim with prejudice, do not expect a do-over. In Layton Construction Co. v. Shaw Contract Flooring Services, Inc., 409 P.3d 602 (Colo. App. 2016), the Colorado Court of Appeals reaffirmed the reach of claim preclusion… Continue reading No Second Chance: Colorado Court of Appeals Bars Indemnity Claim Under Doctrine of Claim Preclusion