Awaited Liability Ruling Favors Texas Contractors

David Lee – January 21, 2014 Language in existing general liability insurance policies does not let insurers skate on construction defect claims, the Texas Supreme Court ruled Friday in a closely followed case. The case stems from crumbling and poorly constructed new tennis courts that led the Tuluso-Midway Independent School District to sue Ewing Construction… Continue reading Awaited Liability Ruling Favors Texas Contractors

Will the Economic Loss Doctrine Bar a NJ Negligence Claim if That Would Result in the Plaintiff Having No Remedy at All?

Will the economic loss doctrine bar a claim for negligence if by doing so, the plaintiff will be left without a remedy? That issue was addressed in Spectraserv, Inc. v. The Middlesex County Utilities Authority et als., Superior Court of New Jersey, Law Division, Docket No. L-2577-07 (July 25, 2013). In that case, the parties… Continue reading Will the Economic Loss Doctrine Bar a NJ Negligence Claim if That Would Result in the Plaintiff Having No Remedy at All?

Navigating Florida’s Valued Policy Law – Right to Rebuild in the Statute

Shaun Marker – February 3, 2014 Those handling fire losses and dealing with Florida’s Valued Policy Law may not have come across a provision in the statute dealing with the insurance carrier’s option to rebuild. It seems counter-intuitive that a statute meant to address the measure of damages in total losses would provide a provision… Continue reading Navigating Florida’s Valued Policy Law – Right to Rebuild in the Statute

Square Peg Meet Round Hole – Do Design Defects Breach a Warranty Against Defects in Material or Workmanship?

Jeffrey W. Post – January 27, 2014 In Bruce Martin Constr., Inc. v. CTB, Inc., 735 F.3d 750 (8th Cir. 2013), the Eighth Circuit considered whether a design defect breaches an express warranty against “defects in material or workmanship.” Id. at 753. The product at issue was a system that automated the process of unloading… Continue reading Square Peg Meet Round Hole – Do Design Defects Breach a Warranty Against Defects in Material or Workmanship?

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