Pieter M. O’Leary – November 1, 2013 Determining whether a construction defect is patent or latent plays a significant factor in determining if a claim may be barred by a statute of limitations. 1. Patent vs. Latent Defect Patent and latent defect issues arise in construction defect litigation. A latent defect is a construction… Continue reading Patent vs. Latent Defects in California Construction Defect Litigation
Month: November 2013
One Insurer’s Settlement with Insured Does Not Bar Contribution Claim by Other Insurers
Tred R. Eyerly – October 28, 2013 The New Jersey Supreme Court held that one insurer could seek contribution from another insurer who settled with and secured a release from the insured. Potomac Ins. Co. v. Pennsylvania Manufacturers’ Ass’n Ins. Co., 2013 N.J. LEXIS 847 (N.J. Sept. 16, 2013) The township of Evesham retained Roland… Continue reading One Insurer’s Settlement with Insured Does Not Bar Contribution Claim by Other Insurers
OSHA Releases 2013 Top 10 Most Cited Standards
Lindsay A. Smith – November 4, 2013 Last month, OSHA unveiled its List of the 10 Most Frequently Cited Standards for fiscal year (“FY”) 2013 (i.e., October 1, 2012 through September 30, 2013). The announcement came at the 2013 National Safety Council Congress and Expo. Here is the full list for FY 2013: 1926.501 –… Continue reading OSHA Releases 2013 Top 10 Most Cited Standards
Draft Your Lawsuit to Trigger Insurance Coverage
Anthony Osborn – October 23, 2013 As most people reading this blog post are aware, construction lawsuits can trigger seemingly countless insurance coverage issues. For example, were the alleged damages caused by an “occurrence” as defined in the contractor’s insurance policy? If so, did the damages begin and/or end during different years, thereby triggering multiple… Continue reading Draft Your Lawsuit to Trigger Insurance Coverage
Overlooked Obtaining an Additional Insured Endorsement? You Might be Saved by the Automatic Additional Insured Endorsement – or Might Not.
Richard Dyer – October 18, 2013 Many CGL policies typically include an endorsement that contains a clause providing for automatic additional insured status without a project specific schedule listing names of additional insureds. (See, for example, form CG 2033 0704, “Additional Insured-Owners, Lessees or Contractors – Automatic Status When Required in Construction Agreement With You”). … Continue reading Overlooked Obtaining an Additional Insured Endorsement? You Might be Saved by the Automatic Additional Insured Endorsement – or Might Not.