K. Renee Schimkat | Carlton Fields Jorden Burt | March 25, 2015 A California appellate court found that an insurer’s delay in resolving and denying a claim under a commercial property liability insurance policy excused the property owner from satisfying a condition precedent to coverage, namely, repairing the damage at issue in order to recover the… Continue reading Policy Language Aside, Insurer is Obligated to Pay in California
Month: April 2015
7th Circuit Rules That Title Insurer Is Not Liable for Construction Liens Resulting From Lender’s Failure to Fund
Joel Solomon | Foley & Lardner LLP | March 26, 2015 The 7th Circuit has ruled that a lender is not insured by a title company for liens that arise after a construction loan became significantly out of balance and the lender stopped funding. In BB Syndication Services, Inc v. First American Title Insurance Company, decided… Continue reading 7th Circuit Rules That Title Insurer Is Not Liable for Construction Liens Resulting From Lender’s Failure to Fund
Pennsylvania Court Holds Faulty Workmanship Not an Occurrence
Traub Lieberman Straus & Shrewsberry LLP | March 27, 2015 In its recent decision in Nat’l Fire Ins. Co. v. Gabe’s Constr. Co., 2015 U.S. Dist. LEXIS 37533 (M.D. Pa. Mar. 25, 2015), the United States District Court for the Middle District of Pennsylvania, applying Wisconsin law, had occasion to consider whether an underlying construction… Continue reading Pennsylvania Court Holds Faulty Workmanship Not an Occurrence
Lawyer in SC Grand Home Defects Case says New Law hurts Property Owners
Your West Valley News: Suncitygrand | March 24, 2015 Gov. Doug Ducey has signed a bill making it more difficult for homeowners to sue over construction defects in their homes. The bill by Darin Mitchell of Litchfield Park repeals a law allowing homeowners to recover attorney and expert fees when suing a homebuilder for construction… Continue reading Lawyer in SC Grand Home Defects Case says New Law hurts Property Owners
Federal Court in Texas holds “Your Work” Exclusion Bars Coverage for Construction Defects to Home
George B. Hall, Jr. | Phelps Dunbar LLP | March 27, 2015 A federal court in Texas held that the “your work” exclusion is unambiguous and enforceable, barring a homeowner from collecting under a contractor’s policy a judgment against the contractor for completed work. Feaster v. Mid-Continent Casualty Co., No. 2015 WL 164041, (S.D. Tex. Jan.… Continue reading Federal Court in Texas holds “Your Work” Exclusion Bars Coverage for Construction Defects to Home