Waiver

One Way to Waive an Attorney-Client Communication

The judge’s decision on an injunction hearing provides a cautionary tale for attorneys preparing a privilege log. The underlying case arose when Lockton accused Alliant of enticing soon-to-be-former Lockton managers and others into breaching their… Read More
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Failure to Promptly Reserve Rights on Coverage = Loss of Ability to Disclaim

From the 2nd Circuit Court of Appeal comes a reminder that undertaking defense of a claim without any reservation of rights can bar an insurer from disclaiming coverage nine months later – even if the claim was not within the policy language from t… Read More
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Insurer Did Not Waive Arbitration by Waiting for Claim Against Tortfeasor to Conclude

An injured automobile owner pursued claims against the driver who caused the accident, while her own carrier, whose policy could be implicated by the underinsurance of the driver at fault, waited on the sidelines. After reaching an end result with th… Read More
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Failure to follow claims procedure was an irrevocable waiver of the claim

Consider this sentence: “courts cannot decide cases of contract interpretation on the basis of what is just or equitable.” Contractors are reminded, via an Ohio Court of Appeals decision, that claim deadlines and waiver language will be applied w… Read More
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