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How to Step Up Your Game on Loss Control & Claims Management. Achieving favorable terms in a hard property & casualty insurance market. construction claims management. Greg Ragsdale. Mon, 11/23/2020 - 19:11. Author Richard Kohn & William Lathem. Risk Management. Promote to rotator No. Main Image. Sponsored by. Cobbs Allen.
How to Get Better Options in Today’s Hard Insurance Market. One thing underwriters have made abundantly clear during this challenging renewal environment is that simply blasting a submission to multiple insurance carriers to find competitive pricing, will not produce the effective results it may have in the past. Greg Ragsdale.
When a contractor or subcontractor is sued for defective workmanship, one of his first thoughts is likely to be whether the damages are covered by his liability insurance. But if the plaintiff’s complaint also alleges some resulting property damage, however minor, the insurer is obliged to defend the lawsuit.
“May unintentionally faulty subcontractor work that damages an insured’s work product constitute an ‘accident’ under a commercial general liability insurance policy?” When the subcontractor installed the expansion joints in the steam boiler and related piping backwards, the heating system got damaged.
How many bites at the apple is a litigant given to prove his claim? This principle finds expression in a legal doctrine called res judicata , also known as claim preclusion, which “prevents parties from relitigating matters actually litigated and matters that could have been litigated in the first action.”
NewHampshire’s three-year statute of limitations for filing lawsuits, RSA 508:4 , states “Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of.” NewHampshire courts may well take this approach.
In this respect it is unlike the statute of limitations, RSA 508:4 , whose three-year clock does not start ticking until the claim “accrues” -- which may be more than three years after the breach of duty occurs if the breach and resulting injury were neither discovered nor reasonably discoverable until later.
Parties to a lawsuit, or who reasonably should anticipate future litigation, have a duty not to destroy evidence crucial to their opponents’ claims or defenses. American Family Mutual Insurance Co. In the residential setting, NewHampshire’s opportunity to repair statute, RSA 359-G:4 , comes into play here.
Like many states, NewHampshire law requires that if a subcontractor doesn’t pay wages to its employees, the general contractor must pay them. An insurance certificate showing that the sub has workers comp coverage should always be a prerequisite to allowing the sub to proceed. RSA 275:46.
But in NewHampshire at least, if the parties’ contract allows one or both of them to elect either litigation or AAA arbitration for resolving contractual disputes, and one of the parties then insists on arbitration in accordance with AAA rules, that clarity and unmistakability are lost and the court will decide the arbitrability issue.
No NewHampshire case has yet considered whether the same result obtains under state law, but the same logic applies. Outside of NewHampshire there is a split of authority on the question. citations omitted] By its terms the bond insured the faithful performance of the contract. Westar Engineering , 290 F.3d
In Amerisure Insurance Co. Selective Insurance Group, Inc. Where does NewHampshire stand on all of this? Such was the case in Flatiron-Lane v. Case Atlantic Co. , 121 F.Supp.3d 3d 315, 551 (M.D.N.C. 2023 WL 3311879 (2d Cir., ” Id. ” Id. Berke Moore Comp Atlantic Co. Phoenix Bridge Company , 98 N.H.
The exceptions are for financial institutions, financial institution groups, and insurance companies that have a maximum business privilege tax of $3,000,000. This credit can also be claimed against the insurance premium tax, the oil and gas production and property taxes, the fisheries business and landing taxes, and the mining license tax.
The credit is valued at up to $9,000 over a 3-year period per each new employee and offers a 5-year carry forward provision for any unused tax credits. The program is capped at 10,000 new jobs being claimed each year by all participants; whereas a taxpayer is limited to a maximum of 400 new jobs per year. persons.
Once again I am moved to blog (see #31 , #37 , #91 ) on Commercial General Liability (“CGL”) insurance coverage for defective workmanship. In general, CGL insurance coverage calls for a three-step inquiry. NewHampshire’s Supreme Court has said that it does not, Cogswell Farm Condo. Ass’n v.
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