Michael J. Ciamaichelo | The Subrogation Strategist | January 17, 2019 The implied warranty of habitability allows a homeowner to recover damages for latent defects that interfere with the intended use of a home. In Sienna Court Condo. Ass’n v. Champion Aluminum Corp., 2018 IL 122022, 2018 Ill. LEXIS 1244 (2018), the Supreme Court of Illinois… Continue reading Illinois Supreme Court Holds That the Implied Warranty of Habitability Does Not Extend to Subcontractors
Month: January 2019
Zoning Boards Are Not Free to Disregard Prior Rulings Where Property Conditions Remain Unchanged
Carl A. Rizzo and Christopher P. Massaro | Cole Schotz | January 17, 2019 In a recent unpublished decision, the Appellate Division again confirmed that a zoning board may not reverse course without justification once it has made findings regarding a specific property. In Oster v. Zoning Board of Adjustment of the Township of Middletown (Docket No.… Continue reading Zoning Boards Are Not Free to Disregard Prior Rulings Where Property Conditions Remain Unchanged
Massachusetts Federal Court Holds No Coverage for Mold and Water Damage Claim
Brian Margolies | TLSS Insurance Law Blog | January 15, 2019 In its recent decision in Clarendon National Ins. Co. v. Philadelphia Indemnity Ins. Co., 2019 WL 134614 (D. Mass. Jan. 8, 2019), the United States District Court for the District of Massachusetts had occasion to consider the application of a prior knowledge provision in the… Continue reading Massachusetts Federal Court Holds No Coverage for Mold and Water Damage Claim
Can They Do That? Commonly Misused Phrases in Pleadings and Discovery
Nicholas Bauman and Lindsey Herzog | Arizona Attorney | November 2018 1 “The document speaks for itself” One commonly used phrase in answers and discovery responses is that a document “speaks for itself.” Many defense lawyers use this phrase to avoid conceding issues related to the interpretation of a writing, such as a contract. This… Continue reading Can They Do That? Commonly Misused Phrases in Pleadings and Discovery
Pennsylvania Federal Court Addresses Recurring Asbestos Coverage Issues
Craig O’Neill and Laura Rossi | Complex Insurance Coverage Reporter | January 18, 2019 In a pair of recent asbestos coverage decisions, a Pennsylvania federal court issued rulings addressing expedited funding orders, number of “occurrences,” and the applicability of aggregate limits under the Fourth Circuit’s Wallace & Gale approach. Zurn Industries, LLC v. Allstate Insurance… Continue reading Pennsylvania Federal Court Addresses Recurring Asbestos Coverage Issues