What’s Behind the Insurance Curtain: Oregon Levels the Playing Field
With the sanctity of any time-honored tradition, insurers resist discovery of their claim file with the ritualistic incantation that it is protected from discovery because it was prepared in...
View ArticleEleventh Circuit Provides Critical Path to Defense and Indemnity
On April 7, 2015, a federal appellate court issued a critical opinion on insurance coverage for construction-defect cases. In Carithers v. Mid-Continent Casualty Company, the Eleventh Circuit held that...
View ArticleFlorida Appellate Court Revives $15 Million Construction Claim
Can three days make a difference when filing a construction defect lawsuit? Absolutely! In Cypress Fairway Condominium v. Bergeron Construction Co. Inc., three days was the difference between the claim...
View ArticleProtecting Against Disclosure of Prior Settlement Agreements at Trial
On July 22, 2015, the Court of Appeals reaffirmed its prior decision in Alfieri v. Solomon, 263 Or App 494 (2014), petition for review granted, 356 Or 516 (2014) that confidential communications made...
View ArticleFederal Court in Florida Finds Insurer Has No Duty to Defend Insured During...
Recently, a federal district court in Florida held that the Chapter 558 process is not a “suit” under a commercial general liability policy and the insurer had no obligation to defend the insured...
View ArticleRecent Oregon Supreme Court Case Suggests ‘Limited Liability’ Of LLCs Not So...
The Oregon Supreme Court recently decided a case with serious implications to the liability of LLCs and their members. Taking note of the case, Cortez v. Nacco Material Handling Group will enable...
View ArticleAcross the Spectrum: Utah’s Recent Move Toward a Proper Interpretation of...
Fortunately for Utah policyholders, a recent District of Utah decision has continued the trend toward liberalizing Commercial General Liability (“CGL”) coverage in Utah. In The Cincinnati Ins. Co. v....
View ArticleEffectiveness of Suit Limitations in Community Associations’ Governing Documents
Construction defects plague many buildings in Florida, leading to lawsuits against developers and contractors. Seasoned developers have tried placing limits on their liability in a variety of ways,...
View ArticleRecent Oregon Supreme Court Case Involving Medical Negligence May Have...
Last month’s Oregon Supreme Court decision in Ransom v. Radiology Specialists of the Northwest, 363 Or 552 (2018) will likely have far-reaching impacts on how discovery is conducted in construction...
View ArticleOregon HB 2661 and Unintended Consequences
The law of unintended consequences theorizes that the actions of people – especially government – often have effects that are surprising or unplanned. The idea of unintended consequences is generally...
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