Christopher M. Cobb | Jimerson & Cobb P.A. | December 31, 2014 Section 553.781, Florida Statutes, provides a measure to require the design professionals and contractors to comply with the Building Code. The Legislature found that accountability for work performed by design professionals and contractors is the key to strong and consistent compliance with the Florida… Continue reading Accountability for Building Code Violations in Florida
Month: February 2015
Water Damage Occurring Over Several Year Period Can Be “Occurrence” Covered Under Insurance Policy–Part 3
Shawn Marker | Property Insurance Coverage Law Blog | February 2, 2015 As a follow up to my two earlier posts on this topic, Water Damage Occurring Over Several Year Period Can Be “Occurrence” Covered Under Insurance Policy—Parts 1 and 2, Chubb had filed a motion for rehearing with the 7th Circuit Court of Appeals that had… Continue reading Water Damage Occurring Over Several Year Period Can Be “Occurrence” Covered Under Insurance Policy–Part 3
Rumors of Revival were Greatly Exaggerated: Fifth Circuit Reverses Opinion on Contractual Liability Exclusion
Meredith Whigham Caiafa | Carlton Fields Jorden Burt | January 15, 2015 We previously discussed the opinion of the U.S. Court of Appeals for the Fifth Circuit in Crownover v. Mid-Continent Cas. Co., No. 11-10166 (5th Cir June 27, 2014)—an opinion that seemed to revive the contractual liability exclusion by distinguishing a landmark Texas decision that had narrowed the… Continue reading Rumors of Revival were Greatly Exaggerated: Fifth Circuit Reverses Opinion on Contractual Liability Exclusion
N.C. Supreme Court Reverses Court of Appeals and Upholds 20-year Construction Warranty
Richard A. Prosser | Poyner Spurill LLP | January 14, 2015 Freedom of contract principles prevailed in the Supreme Court’s recent ruling that a manufacturer waived application of North Carolina’s 6-year statute of repose by extending an express 20-year warranty of its product. The opinion in Christie v. Hartley issued on December 19 reverses the… Continue reading N.C. Supreme Court Reverses Court of Appeals and Upholds 20-year Construction Warranty
Depreciation of Labor When Calculating Actual Cash Value: The Great Divide
Whether labor costs can be depreciated when determining the actual cash value of a covered loss is an issue that comes up frequently for policyholders and those who represent them. I recently researched the issue and was surprised to find the paucity of case decisions across the country that touch on the subject. I know… Continue reading Depreciation of Labor When Calculating Actual Cash Value: The Great Divide