Dan DeMerchant

There have been numerous posts about the recent MA Supreme Court decision, which held that construction defects on their own do not constitute property damage within the meaning of a commercial general liability policy. Perhaps lost in the discussion because of this ruling is the greater importance of professional liability coverage. Professional liability is not often on the forefront of a discussion involving insurance for contractors and is in fact often excluded as a requirement within the insurance clause of a contract, but despite the lack of consideration for it, an error by a contractor can have a significant effect on a project. As I have posted in the past, professional liability coverage is not exclusive to certain professions or industries and can apply to almost any service or job. When it is included in a construction contract, it is more likely in reference to design professionals, such as architects and engineers. However, any contractor can make an error in the work they perform, which can lead to a claim that could be covered by a professional liability policy.

38

2 Comments

Thought leadership from the WTW Construction Claims Team - Use of Defense MRIs and Diagnostic Tests to Combat Fraud! If you have New York exposures and concerns about fraudulent Labor Law claims, this whitepaper is a must-read! #wtw #willistowerswatson #claims #claimsmanagement #newyorklaborlaws #riskmanagement https://lnkd.in/ghwRxwu4

2

In Connecticut, determining liability in a multi-vehicle accident involves complex considerations due to the intricate nature of these crashes and the state’s specific legal framework. Connecticut does not adhere to a no-fault insurance system; instead, injured accident victims can seek compensation directly from the parties deemed at fault. This necessitates a thorough analysis. https://lnkd.in/eq3CHF4d

1

GRS ENVIRONMENTAL RISK – #GRS wishes all our clients a safe and rapid recovery from #HurricaneMilton. #GRS is here and ready to support you with employee assistance communications, response costs verification and liability claims administration. Learn more about ERS: https://lnkd.in/gsBu9Ke #GRSAdjuster #GlobalRiskSolutions #PeopleProcessTechnology #HurricaneMilton

1

I was honored to have been asked to contribute to the American Council of Engineering Companies (ACEC)'s latest issue of Engineering, Inc. Magazine for its article on ACEC's 2023 Professional Liability Insurance Survey. The PLI Survey is just one of the many ways that ACEC advances the engineering industry by providing firms with valuable resources and information to make better #RiskManagement decisions and protect their bottom lines. #Greyling #EPICBrokers #LetsBeEPICTogether #Insurance #AECIndustry #ACECBusinessInsuranceTrust

18

1 Comment

St. Paul Fire and Marine Ins. Co. v. Getty Properties Corp.: The Second Department held that New York law applied to a dispute concerning MTBE groundwater contamination claims in several states, and not the laws of the states where the underlying actions originated. For liability policies covering risks in multiple states, the insured’s domicile (here, New York) serves “as a proxy for the principal location of the insured risk.” No other state had a more significant relationship to the dispute or compelling public policy interests warranting deviation from New York law. Conversely, the insurers “had a significant presence in New York, and all of the applicable policies were issued and delivered to the defendant in New York.” Additionally, state-specific policy endorsements did not indicate the parties expected multiple states' laws to apply. Finally, applying New York law to the entire dispute promoted “certainty, predictability and uniformity of result.” *Note – Chaffetz Lindsey LLP was Counsel to National Union Fire Insurance Company of Pittsburgh, Pa., AIU Insurance Company, Illinois National Insurance Company, and American Home Assurance Company. 2024 WL 3168245 --- New York is a commercial and insurance hub, and the decisions of its appellate courts shape the national and global insurance industry. We created NYAIR to stay abreast of breaking developments on complex insurance disputes and to share that information with our industry-leading clients and colleagues. Check it out here: https://lnkd.in/ePk33bvW #insurance #reinsurance #nyappellateinsurancereport #nyinsurancedecision #nyinsurancedecisions

2

Recent rulings in Hillman v. Toro and White v. GM highlight the critical need for scientifically reliable expert testimony to establish proximate cause in product liability cases. Courts are excluding opinions that lack specific testing or robust methodologies, stressing the importance of clear evidence linking design defects to injuries. Bryce Cooper, Jenna Qi Han, and Kelly Perreault provide an overview of these cases in their latest blog post: https://bit.ly/3OmVri3

7

#CIAB #Q32024 Report Cliff Notes: Umbrella Pricing increases outpacing other lines. Reasons continue to be nuclear verdicts. Particularly around auto losses. Claimants attorneys are demanding training and safety documents, information on due diligence and ongoing confirmation of driver history. If documentation doesn't match employee handbook or other governing docs, claimant wins big.

3

Marc Chapman discusses what ultimately lead to the decision to build Resolve Claims using the methodology he had utilized for years to support insurance companies and their defense firms in bodily injury litigation through Chapman Consulting LLC / HospitalBillReview.com. Resolve Claims is praised by casualty teams for organized, easy to read, lightning fast reviews backed by data and supported by our team if a case moves further into litigation. No contracts. No minimums. And your first report is free. Give us a try today! #resolveclaims #resolve #hospitalbillreview #hospitalbills #hospitalcharges #medicalbills #medicalcharges #reasonableness #defendable #insuranceclaims #insurancedefense #autoinsurance #truckingclaims #liability #casualty #bodilyinjury #biadjuster #insuretech

1

Nuclear verdicts refer to exceptionally high jury awards, namely those exceeding $10 million. Similarly, nuclear settlements are payment agreements made between disputing parties outside the courtroom that are either larger than $10 million or consist of more substantial non-economic damages (e.g., pain and suffering) than economic damages (e.g., medical bills and lost income). Such losses have become increasingly common in recent years. https://hubs.li/Q02W1T4-0

1

I often get asked, “Why claims?” As much as people don’t want to believe it, most of us in claims want to do the right thing. Some of us fell into it, some ran away from billable hours to seek reprieve, and for others it was just the next step. Whatever the reason maybe, we stayed in claims primarily for 3 reasons: 1. We are nerds! Some are coverage nerds who are fascinated by language and how a word can turn the meaning of a sentence on its head. Some are investigative nerds who will spend hours pouring over discovery or medical records or finding that one lynchpin for the case. 2. We want to do the right thing. There is a misconception that claims professionals love to deny coverage. Well, the ones that I have met just want to make sure that they are abiding by the policy terms. They want to ensure that they are assisting both their insured and the claimant in the best possible way. Denials happen, and that is not within the adjusters control, but I have seen claims professionals stay on the phone hours on end to explain the denial and provide assistance moving forward. I have seen those very claims professionals dig into information on any other policies that may potentially offer coverage. And, when a claim is covered, I have witnessed claims professionals do their due diligence, pay the fair amount, and above all empathize with all parties. Back when I was attending mediations, anytime I knew that the plaintiff was also attending, I always made a point to introduce myself and express my sympathy for their loss and gratitude for them taking the time to mediate the case. Even in cases where liability was heavily disputed, I still made sure to approach the plaintiff because, while I may not be the cause of the loss, their loss and pain is real and I wanted to make sure that I validated it. 3. We are dynamic. Ever think that your job is monotonous? Not us! Every claim comes with its own unique set of facts and challenges. We are constantly learning new things; from new laws to new investigating techniques to new types of losses. It definitely keeps us on our toes!

2

2 Comments

A lot of people have heard the term “public liability claim” or “slip and fall” but there’s often confusion over the type of injuries (or incidents) that can give rise to a compensation claim. This article explores some of the more common public liability claims. Importantly though, we look at (and explain in plain English), the three factors required for a successful claim: 🔷 Duty of care; 🔷 Breach; and 🔷 Causation. https://bit.ly/3s6EGMa #personalinjurylawyers #publicliabilityclaim #slipandfall #nowinnofee

7

Liquidated damages are a predetermined compensation agreed upon in a contract, payable if there's a breach. In Florida, their enforceability depends on the reasonableness of the amount specified. Courts evaluate whether these damages are a genuine estimate of the probable losses from a breach. If deemed excessive or punitive, they may be considered a penalty and unenforceable. To ensure enforceability, the amount should reflect a fair and reasonable forecast of potential damages, considering the difficulty of calculating the actual loss. This balance aims to provide a fair remedy while discouraging contract breaches. 📄 \#BusinessLaw \#CommercialLaw \#InternationalLaw \#EmploymentLaw \#IntellectualPropertyLaw \#LegalServices \#ExpertRepresentation \#LegalAdvice \#BusinessLitigation \#LegalPartner \#ProtectYourBusiness \#LegalGuidance \#BusinessSuccess \#LegalTeam \#LawyerLife \#SmallBusiness \#Entrepreneur \#CorporateLaw \#LawFirm

1