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Civil Procedure – Costs & Attorney Fees; Civ. R. 11, R.C. 2323.51; frivolous conduct; summary judgment; counterclaim; good faith; contract interpretation; exclusionary clause; survey; void; res judicata.
As developers target environmentally conscious consumers, building design professionals are being warned to toe that has formed in sustainable development. While the technology and construction methods for green projects have changed, architects and engineers are being given risk management advice with a new twist: Market your firm on past performance and ability, and don't overreach when it comes to assurances on energy efficiency. Insurers are warning design firms not to guarantee an outcome, an energy savings, a water savings, improved employee productivity or promising that you will achieve a certain level of LEED certification. The problem is that such guarantees may trigger an exclusionary clause under errors and omissions coverage, voiding the designer's profe...
...852 (E.D. Pa.). (d) Effect of the exclusionary clause. The exclusionary clause in the definition ...
... limited by certain exclusions, including a clause commonly referred to as an "insured vs. insured" e...insured" exclusionary clause. This lawsuit followed. . District Court D...
...Held: The Due Process Clause does not require a preliminary judicial 2 PERRY v....").Instead of mandating a per se exclusionary rule, theCourt held that the Due Process Clause ...
... the full enforcement of arbitration clauses and resolves ambiguities regarding the arbitrabili... from mandatory arbitration by the exclusionary clause covering "claim[s] by the State that the Na...
... defrauded into agreeing to the arbitration clause. Pp. 32-33. (e) Gilmer's reliance on Alexander v.... uniformly have concluded that the exclusionary clause in 1 of the FAA is inapplicable to arbitrat...
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