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Subcontractors Reservation of Rights

Rivkin Radler LLP

New York Insurance Coverage Law Update - July 2022

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Second Circuit Holds That Insurer Precluded From Relying On Exclusions Because Unreasonably Delayed Disclaiming While Basis Was, Or Should Have Been, Apparent- In December 2015, Luis Alberto was working on a construction...more

Burr & Forman

Broad Form Lien Waivers No Longer Part of the Game in North Carolina

Burr & Forman on

North Carolina Avenue is one of the hottest properties in Monopoly, says most of my kids.  And if you are a contractor or subcontractor in North Carolina, the law makers recently afforded you some additional protections to...more

White and Williams LLP

Connecticut Supreme Court Finds Duty to Defend When Case Law is Uncertain

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The Connecticut Supreme Court recently addressed whether an insurer has a duty to defend when faced with legal uncertainty as to whether coverage is owed: for example, when there is no Connecticut case law on point, and...more

Bradley Arant Boult Cummings LLP

Catch and Release: the Importance of Analyzing Potential Claims before Signing a Release and Receiving Final Payment -...

The Army Corps of Engineers (the “Corps”) retained Merrick Construction, LLC (“Merrick”) to perform work on a hurricane protection levee near New Orleans, Louisiana. The contract between the Corps and Merrick contained...more

Haight Brown & Bonesteel LLP

Conclusory Allegations Held Insufficient to Support Declaratory Relief on Right to Independent Counsel or Allocation of Defense...

In Centex Homes v. St. Paul Fire & Marine Ins. Co. (No. E060057, filed 5/22/15), a California Court of Appeal held that a developer’s declaratory relief lawsuit seeking a declaration of the right to independent counsel was...more

Proskauer - Insurance Recovery & Counseling

Calling a Letter a “Reservation of Rights” Does Not Necessarily Make It So

Many insurers are in the habit of sending perfunctory “reservation of rights” letters to their insureds throughout the lifetime of a claim. The reason they do so is not a very well-guarded secret in the insurance industry. An...more

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