Property insurance policies (first party insurance policies) contain post-loss obligations that an insured must (and should) comply with otherwise they risk forfeiting insurance coverage.   One post-loss obligation is the insurer’s right to request the insured to submit a sworn proof of loss.  Not complying...

As you know from prior articles, arbitration is a creature of contract where parties agree to resolve their dispute through arbitration, not litigation.  What if the parties are non-signatories to the arbitration agreement? In a recent case, the trial court compelled parties that did not sign the...

Mistakes happen.  Mistakes even happen in the formation of a contract. The two types of mistakes are mutual mistake and unilateral mistake.  Both can give rise to the reformation or rescission of a contract, although through a clear and convincing standard of evidentiary proof. With a mutual mistake, reformation of the contract...

When there is a construction defect lawsuit, there is an insurance coverage issue or consideration.  As I have said repeatedly in other articles, it is all about maximizing insurance coverage regardless of whether you are the plaintiff prosecuting the construction defect claim...