Kimberly A. Blake – July 28, 2014 The recent flurry of foreclosures in California results in the ownership of a foreclosed home being forcibly transferred to new owners, often the bank lenders. Sometimes these foreclosed homes also are in the middle of lengthy construction defect litigation. When a home is foreclosed upon in the middle… Continue reading Right to Recovery for Construction Defects in Foreclosed Home – Does it Matter Who Owns the Home?
Month: August 2014
Coverage for Construction Defect Barred by Contractual-Liability Exclusion
Tred Eyerly – July 28, 2014 Relying upon precedent from the Texas Supreme Court, the Fifth Circuit upheld the District Court’s denial of coverage based upon the policy’s contractual-liability exclusion. Crownover v. Mid-Continent Cas. Co., 2014 U.S. App. LEXIS 12158 (5th Cir. June. 27, 2014). The Crownovers entered a construction contract with Arrow Development, Inc.… Continue reading Coverage for Construction Defect Barred by Contractual-Liability Exclusion
California Monsoonal Weather Brings Mud Property Damage to Southern California, But Is It Covered Damage?
Denise Sze – August 5, 2014 The last few weeks has seen unseasonably humid weather in our arid Southern California climate. It’s uncharacteristic for our climate to have high humidity. Last week the monsoonal thunderstorms brought a great tragedy as a young man on the beach of Venice died from a lightning strike off the… Continue reading California Monsoonal Weather Brings Mud Property Damage to Southern California, But Is It Covered Damage?
I Feel The Earth Move Under My Feet…And That May Not Be A Covered Loss In Colorado
Brandee Bower – July 23, 2014 A new case was recently handed down regarding earth movement and water damage exclusions. In Wagner v. American Family Mutual Insurance Company,1 a policyholder suspected a water leak in her home. She had her property inspected and found a water pipe was leaking under the slab foundation, eroding the… Continue reading I Feel The Earth Move Under My Feet…And That May Not Be A Covered Loss In Colorado