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It Doesn’t Pay to Lie - Insurance Edition
  • Commonsense Construction Law LLC
  • USA
  • April 25 2017

The sad part about decisions abrogating insurance coverage, based on misrepresentations by the insurance applicant, is that innocent third parties


Indemnities, and Establishing Priority of Multiple Insurance Policies
  • Commonsense Construction Law LLC
  • USA
  • April 17 2017

Contractor lent a vehicle to a sub, and the sub’s employee caused a fatal accident. The subcontract had an indemnity in favor of the contractor. Five


New York Court of Appeals Holds That Tower Crane Damaged By Superstorm Sandy Is Not Covered by Project’s Builder’s Risk Insurance Program
  • Pepper Hamilton LLP
  • USA
  • April 13 2017

Early, in its opinion, the New York Court of Appeals noted that “one of the most dramatic images of Superstorm Sandy depicts the damage caused to


Insurance and Adjoining Property Access Agreements: Does that "Blanket" Endorsement Really Cover You?
  • Tarter Krinsky & Drogin LLP
  • USA
  • April 11 2017

In September 2016, the Appellate Division, First Department decided a case that has significant ramifications on insurance coverage on construction


Insurance Policy Did Not Prevent Association Recovery from Subcontractors for Defective Work
  • K&L Gates
  • USA
  • April 5 2017

On February 17, the First District Appellate Court issued an opinion regarding the Implied Warranty of Habitability in the case of Sienna Court


It's in the Details: Drafting an Effective Reservation of Rights Letter
  • Smith Moore Leatherwood LLP
  • USA
  • April 4 2017

Drafting an effective reservation of rights letter is not as simple and straight forward as it may seem. A reservation of rights is a notice given by


Notice to Carrier Means Notice to Carrier
  • Squire Patton Boggs
  • USA
  • March 29 2017

Notice requirements in liability insurance policies typically require that notice of a claim or lawsuit be given as soon as practicable and in


How Do Additional Insured Obligations Work with Subcontract Flow-Down Clauses?
  • Commonsense Construction Law LLC
  • USA
  • March 23 2017

They don’t. Unless the subcontract is carefully drafted, that is. So where the prime contract required the owner to be named as an additional insured


Indemnity Obligation Typically Includes Attorneys’ Fees
  • Commonsense Construction Law LLC
  • USA
  • March 22 2017

The “American rule” in litigation is that each party must pay its own legal fees, absent a contract or statutory right to recover the same from


Colorado Court Enforces Statute that Presumes Faulty Workmanship Constitutes an Occurrence
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • March 21 2017

Is damage resulting from faulty workmanship covered under your CGL policy? In the past, insurers have had success in certain jurisdictions arguing