Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit agreed with the insurer that there was no coverage for a collapse under the policy. S.O. Beach Corp. v. Great Am. Ins. Co.,2019 U.S. App. LEXIS 32569 (11th Cir. Oct. 31, 2019). S.O. Beach Corporation and Larios on the Beach, Inc (“Larios”) owned… Continue reading Insurer Awarded Summary Judgment on Collapse Claim
Month: January 2020
Find Your Footing: Don’t Stumble When it Comes to Slip-and-Fall Claims
Carie Hall | Rumberger Kirk Some regard slip-and-fall claims as nuisance litigation and often make billboard plaintiffs’ lawyers the butt of jokes. But, occasionally, these claims represent catastrophic injuries with verdicts to match, and even garden variety slip-and-fall claims expose companies to expense and aggravation. Slip-and-fall accidents are by far the most prevalent accidents for… Continue reading Find Your Footing: Don’t Stumble When it Comes to Slip-and-Fall Claims
Massachusetts Court Clarifies Statute of Repose Trigger for Multi-Phase Construction Projects
Kyle Rice | White and Williams LLP In D’Allesandro v. Lennar Hingham Holdings, LLC, C.A. No. 17-cv-12567-IT, 2019 U.S. Dist. LEXIS 185874, the United States District Court for the District of Massachusetts recently discussed a case against a general contractor and its related entities, all of whom were involved in the construction of a multi-phase construction… Continue reading Massachusetts Court Clarifies Statute of Repose Trigger for Multi-Phase Construction Projects
Another Twist on Uniwest and Indemnification
Christopher G. Hill | Construction Law Musings Welcome to 2020! I thought I’d start with a case that adds a twist to the Uniwest case that has been discussed previously here at Construction Law Musings. Uniwest essentially held that indemnification provisions in construction contracts that purport to indemnify an indemnitee for its own negligence violates Virginia Code Sec. 11-4.1. In short, Uniwest and later cases… Continue reading Another Twist on Uniwest and Indemnification
Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context
Marianne Bradley and Anthony Miscioscia | White and Williams LLP On December 31, 2019, the First District Illinois Appellate Court issued its decision in Owners Insurance Company v. Precision Painting & Decorating Corporation, clarifying what does and does not constitute “property damage” caused by an “occurrence” in the construction defect context. 2019 IL App. (1st) 190926-U,… Continue reading Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context