Daven G. Lowhurst

Jones Day

Articles

Results 1 to 5 of 5


Washington appeals court joins majority view that a government PRP letter or clean-up order can be the functional equivalent of a “suit” and therefore trigger a liability insurer’s duty to defend, insurance policyholder advocate

USA - June 16 2014 Courts in several states have reached divergent views as to whether a liability insurer that has agreed to defend any "suit" against its insured must…

Satisfying self-insured retentions with third party payments: a satisfying Florida decision that is worth your retention

USA - April 2 2014 While the definition may vary from state to state and policy to policy, a self-insured retention ("SIR") typically refers to a dollar amount stated…

Absolute pollution exclusions aren’t always absolute

USA - June 19 2013 A recent decision by the Eighth Circuit Court of Appeals confirms that when it comes to coverage for environmental contamination claims, the…

California's new subcontractor defense regime for non-residential projects: creating order or chaos?

USA - May 16 2013 As explained in a recent Commentary, California's recently enacted and amended anti-indemnity statutes have expanded the bar against one construction…

Lauren M. Charneski

Navigating the treacherous waters of California's expanded anti-indemnity laws for construction projects

USA - April 17 2013 California's long-standing anti-indemnity laws prohibit a public agency from forcing a contractor to indemnify the agency for its "active negligence…

Lauren M. Charneski