Tred R. Eyerly | Insurance Law Hawaii | May 8, 2019 The Eleventh Circuit reversed the district court’s determination that there was no coverage based upon the policy’s “your work” exclusion. Southern-Owners Ins. Co. v. Mac Contractors of Fla, LLC, 2019 U.S. App. LEXIS 10689 (11th Cir. April 11, 2019). Mac Contractors… Continue reading Insurer Incorrectly Relies Upon “Your Work” Exclusion to Deny Coverage
Month: June 2019
New York Court Holds That the “Lesser of Two” Doctrine Limits Recoverable Damages in Subrogation Actions
Michael DeBona | White and Williams | June 12, 2019 In New York Cent. Mut. Ins. Co. v. TopBuild Home Servs., Inc., 2019 U.S. Dist. LEXIS 69634 (April 24, 2019), the United States District Court for the Eastern District of New York recently held that the “lesser of two” doctrine applies to subrogation actions, thereby limiting… Continue reading New York Court Holds That the “Lesser of Two” Doctrine Limits Recoverable Damages in Subrogation Actions
Exceptions to the Economic Loss Rule in North and South Carolina: Yes, an owner MAY be able to sue that subcontractor after all!
Julia Gallagher | Nexsen Pruet | June 10, 2019 In North Carolina, the economic loss rule will not bar recovery on a negligence claim when there is no contract between the parties. In Lord v. Customized Consulting Specialty, Inc., a general contractor contracted with the plaintiff owners to construct a home. The owners subsequently sued the… Continue reading Exceptions to the Economic Loss Rule in North and South Carolina: Yes, an owner MAY be able to sue that subcontractor after all!
Creative Legislative Solutions To Bond Off Mechanic’s Liens
David K. Taylor | BuildSmart | June 13, 2019 Whether you are the owner or the general contractor, dealing with mechanic’s liens filed by subcontractors or suppliers can be frustrating and, in some cases, present the very real threat of having to pay twice for work or materials. Most, if not all, states’ lien laws… Continue reading Creative Legislative Solutions To Bond Off Mechanic’s Liens
Lights. Camera. Not an Action? Amendment to Section 558.004, Florida Statutes
William Linero, Jr. | Butler Weihmuller Katz Craig | June 14, 2019 On July 1, 2019, Chapter 558, Florida Statutes, will be amended to add section 558.004(1)(d), which states: “A notice of claim served pursuant to this chapter shall not toll any statute of repose period under chapter 95.”[1] In adding 558.004(1)(d), it appears that the… Continue reading Lights. Camera. Not an Action? Amendment to Section 558.004, Florida Statutes