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
Month: February 2014
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?
Changes To California Title 24 Energy Use Requirements Effective July 1, 2014
Lydia Lake and Pamela Westhoff – Sheppard Mullin Richter & Hamilton, LLP – February 6, 2014
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?