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Burden of Proof › Evidence › Property Damage

Cozen O'Connor

First United Pentecostal Church: Taking Time to Resolve Doubts as to Liability is Not Bad Faith 

Cozen O'Connor on

In a recent decision, First United Pentecostal Church v. Church Mutual Insurance Company, the United States Court of Appeals for the Fifth Circuit reaffirmed the principle that an insured must provide adequate evidence that...more

Nossaman LLP

Regarding landslide liability, the Court is not interested in the “Chicken or Egg” debate

Nossaman LLP on

With the frequency of wildfires and flooding, landslides are becoming more frequent throughout California.  When public agencies have water pipelines located in hillsides, the situation presents the classic “chicken or egg”...more

White and Williams LLP

Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s...

White and Williams LLP on

In Durkin v. MTown Construction, LLC, 2018 Tenn. App. LEXIS 128, the Court of Appeals of Tennessee considered whether the lower court properly took judicial notice of an alternative measure of damages to the measure of...more

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