Nonpayment of Subcontractors: Can Subcontractors Get Any Help From the Government?
The Florida Supreme Court has given the proverbial “green light” for insurance companies to sue attorneys for negligent representation of an insured. Historically, to bring an action against an attorney for legal malpractice...more
Your friend invites you out to dinner. She offers to pick you up since your house is on the way. As you head toward the restaurant, your friend’s car is sideswiped by a driver who blew through a red light. You are seriously...more
A recent New York case highlights the importance of thoroughly analyzing all contract language in minimizing project risk. In Gilbane Bldg. Co./TDX Construction Corp. v. St. Paul Fire & Mar. Ins. Co., the Court of Appeals of...more
New York High Court Finds No Additional Insured Coverage In Absence of Contractual Privity With Named Insured - It is a common practice in the insurance industry for a project owner to require the general contractor to...more
The Situation: The issue of whether "blanket" additional insured endorsements require direct contractual privity with an insurance policy's "named insured" has received inconsistent treatment by U.S. courts. The...more
Parties structuring transactions or business relationships often attempt to shift risk to their counter-party by having such party included as an additional insured on the counter-party’s insurance policies. In the real...more
On August 10, 2015, the California Supreme Court issued a unanimous decision that could have broad implications regarding an insurer’s right to seek reimbursement of unreasonable fees and costs directly from so-called Cumis...more
“Direct action” statutes permit an injured plaintiff to sue an insurer for coverage under someone else’s policy — the liability insurance policy of the tortfeasor who caused the injury. They have been enacted in only a...more
A Federal Court in Pennsylvania has handed down a ruling that may expand the pool of potential plaintiffs in construction litigation. See AMCO Insurance Co. v. Emery and Associates, 926 F. Supp. 2d 634 (W.D. Pa. 2013). In...more