Aquatectonics, Inc. d/b/a Loebs & Gordon PoolCraft v. The Hartford Casualty Insurance Company Well, the attack on insureds via the restrictive definition of “occurrence” (a true double edged sword for carriers), continues to march forward this time right into the Empire State, a jurisdiction not known for a plethora of CD cases nor coverage opinions… Continue reading FINALLY, a CD Coverage Case in New York!!
Month: April 2012
A Contractor’s Implied Non-Delegable Duty
Lochlin B. Samples – April 6, 2012 A recent Tennessee Supreme Court case, Federal Insurance Co. v. Winters, 354 S.W. 3d 287 (Tenn. 2011), addressing two previously unresolved issues in Tennessee, concluded that a contractor has an implied duty to perform work in a careful, skillful, and workmanlike manner and that, absent the owner’s consent, this duty… Continue reading A Contractor’s Implied Non-Delegable Duty
OSHA Fines Massachusetts Construction Company $50,000
Powers, DiCicco & Sahagian – April 10, 2012 Construction sites can be dangerous places owing not only to the machinery present but also to the constant movement that takes place there. Fortunately, when a construction accident occurs, the injured worker is often eligible to receive workers’ compensation benefits. With this fact in mind, readers may… Continue reading OSHA Fines Massachusetts Construction Company $50,000
No Coverage for Property Damage That is Limited to Work Completed By Subcontractor
Tred Eyerly – April 16, 2012 The issue before the 11th Circuit was whether, under Florida law, a general contractor had coverage for a property damage claim limited to the defective work performed by a subcontractor, and not affecting any other portion of the project. The court found no coverage in Amerisure Mut. Ins. Co. v.… Continue reading No Coverage for Property Damage That is Limited to Work Completed By Subcontractor
Brian Moffitt | Architecture Expert Witness
Brian Moffitt | Architecture Expert Witness.