Intervention Denied to Seek Special Verdicts or Jury Interrogatories
October 2020
Representing business, commercial and real estate clients, as well as insurers and
their policyholders
LEGAL NEWS & ANALYSIS
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| Tim Thornton |
Intervention Denied to Seek Special Verdicts or Jury Interrogatories
Published: American Bar Association,Tort Trial & Insurance Practice Section – Insurance Coverage Litigation
I n
Ex parte Builders Mut. Ins. Co.,
insurers were denied the right to intervene in a construction defect lawsuit for the purpose of proffering a special verdict form or special interrogatories to go with a general verdict form. The purpose of the proposed special verdict or jury interrogatories was to determine which construction defect damages were covered by the applicable commercial general liability insurance policies.
So You Think You Know The Law?
TRUE OR FALSE?
A party may be permitted to intervene as a matter of right in an action if their interest is only remote or contingent (under South Carolina law).
TRUE OR FALSE?
All courts allow intervention even if interests are contingent on the outcome of the underlying litigation, but not too remote.
TRUE OR FALSE?
An insurer may be permitted to intervene if it has a claim or defense that shares a question of law or fact in common with the main action.
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| Mike Eisenbaum |
In Case You Missed It
Subcontractors Beware: Understand Your Liability and Defense Obligations in Contracts
Published: Professional Builder
Many subcontractors don’t realize the extent of liability when signing an indemnity agreement. They presume that they will defend only if they are found negligent. The unfortunate reality is, everything can be done correctly, but the subcontractor still has to defend and potentially pay a lot of money.
FIRM NEWS
Tim Thornton Included in The Best Lawyers in America
2021
Partner
Tim Thornton
was selected by his peers for inclusion in The Best Lawyers in America
©
2021. This marks Tim’s eleventh year on the list for his work in
insurance law
.
Mike Eisenbaum Joins CLM Property and Webinar Development Committees
The Claims and Litigation Management Alliance (CLM) Property
Committee provides education regarding property claims and litigation issues as well as current information and strategies involving those issues.
The Webinar Development Committee provides complimentary webinars for CLM members, with topics ranging from Alternative Dispute Resolution to Workers’ Compensation issues.
Tim Thornton Appointed to Three ABA TIPS Committees
Partner
Tim Thornton
has been appointed to the following
American Bar Association Tort Trial and Insurance Practice Section Committees for the 2020-21 bar year:
- Chair of the Insurance Coverage Litigation General Committee
- Member of the Conference Standing Committee
- Member of the Book Publishing Board Standing Committee
RECENT SUCCESSES
Please Note
: These articles are necessarily general in nature and do not substitute for legal advice with respect to any particular case. Readers should consult
with an attorney before taking any action affecting their interests.
Please Note : This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.