Bryan J. Coffey | Pillsbury Winthrop Shaw Pittman LLP | November 27, 2017 It’s that time of the year when Americans gather together, enjoy a feast, and fall asleep in front of the TV. But before the tryptophan kicks in, we also like to give thanks for the good things that have happened in the… Continue reading Some Decisions Policyholders Can Be Thankful for this Year
Month: December 2017
General Contractor’s Professional Malpractice / Negligence Claim Against Design Professional
David Adelstein | Florida Construction Legal Updates | November 23, 2017 A recent case supports a professional malpractice (negligence) claim by a general contractor against a design professional by reversing a trial court’s entry of summary judgment in favor of the design professional and finding a question of fact remained as to an architect’s role in the renovation of a public… Continue reading General Contractor’s Professional Malpractice / Negligence Claim Against Design Professional
“Like Kind and Quality” Is an Appraisable Issue
Christina Phillips | Property Insurance Coverage Law Blog | December 3, 2017 Following a loss, the issue of replacement with “like kind and quality” often arises whether it be with the replacement of personal property or building materials. The phrase “like kind and quality” is typically not defined in an insurance policy, so whether construction… Continue reading “Like Kind and Quality” Is an Appraisable Issue
Insurer’s Attempt to Limit Additional Insured Status Fails
Tred R. Eyerly | Insurance Law Hawaii | November 29, 2017 The court disagreed with the insurer’s attempt to limit additional insured status based upon the contract between the parties. Mays v. In re All C-Dive LLC, 2017 U.S. Dist. LEXIS 185874 (E.D. La. Nov. 9, 2017). Five employees of C-Dive LLC filed a lawsuit after… Continue reading Insurer’s Attempt to Limit Additional Insured Status Fails
Out-of-State Contractors and Design Professionals Beware: The Georgia Removal Statute Does Not Apply to You
William R. Wildman, Jesse W. Lincoln and Matthew J. Bowness | Eversheds Sutherland | November 30, 2017 Out-of-state contractors and design professionals working on projects in Georgia should consider including venue selection clauses in their contracts. Under O.C.G.A. § 14-2-510(b)(4), venue for tort actions lies “in the county where the cause of action originated,” i.e.,… Continue reading Out-of-State Contractors and Design Professionals Beware: The Georgia Removal Statute Does Not Apply to You