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#109:  Liability Insurers' Duty to Defend

NH Construction Law

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.

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#91:  Liability Insurance for a Subcontractor's Defective Work

NH Construction Law

“May unintentionally faulty subcontractor work that damages an insured’s work product constitute an ‘accident’ under a commercial general liability insurance policy?” The Michigan Supreme Court disagreed, interpreting “accident” as broader than “fortuity.” 2d 871, 880 (Fla.

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#131:  Applying Statutes of Limitations in Arbitration Proceedings

NH Construction Law

New Hampshire’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.” New Hampshire courts may well take this approach.

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#96:  Payment Bond Sureties and "Pay-if-Paid" Subcontracts

NH Construction Law

2002) (“Thus, the liability of a surety and its principal on a Miller Act payment bond is coextensive with the contractual liability of the principal only to the extent that it consistent with the rights and obligations created under the Miller Act.”). Outside of New Hampshire there is a split of authority on the question.

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#93:  Spoliation During Construction

NH Construction Law

The duty to preserve material evidence extends not just to documents and records, but also to physical items (for instance, in a products liability case the defective product itself). American Family Mutual Insurance Co. In the residential setting, New Hampshire’s opportunity to repair statute, RSA 359-G:4 , comes into play here.

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How to Get Better Options in Today’s Hard Insurance Market

Construction Business Owner

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.

Insurance 156
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How to Step Up Your Game on Loss Control & Claims Management

Construction Business Owner

Achieving favorable terms in a hard property & casualty 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. .

Claims 156