by Kent Holland | May 21, 2025 | Newsletter Article
If you agree by contract clause to pay the prevailing party’s attorneys’ fees, and the court would not have imposed those fees in the absence of the contractual obligation, the professional liability policy will not cover those fees as “damages.” The contractual...
by Kent Holland | Apr 15, 2025 | Newsletter Article
Where a condominium association was sued by an individual condo unit owner based on water damage allegedly caused by failure to maintain a common element balcony, the insurance carrier for the Association defended and ultimately settled the suit for its $1 million...
by Kent Holland | Apr 15, 2025 | Newsletter Article
Owner established that its contractor breached its contract by failing to complete and/or properly perform bathroom tile work in a house being built. The Owner sought compensatory as well as consequential damages allegedly caused by construction delays resulting from...
by Kent Holland | Apr 14, 2025 | Newsletter Article
An arbitration clause that gave one party sole discretion in deciding whether to arbitrate a claim was unenforceable. A district court granted contractor’s motion to compel arbitation but this was reversed on appeal because of the one-sided nature of the clause...
by Kent Holland | Apr 14, 2025 | Newsletter Article
Where Insured contractor settled a claim against it by its owner client, the insurance carrier declined to cover the settlement as “damages”. In a lawsuit against the carrier by the contractor, a court found the carrier had no duty to indemnify the contractor for the...
by Kent Holland | Feb 19, 2025 | Newsletter Article
A general contractor (GC) was sued by a homeowner because the house burned because of alleged deficiencies in a subcontractor’s masonry work on a fireplace. The GC lost a judgment of $1.2 million at arbitration. The subcontractor declined to join the arbitration...
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