Anthony Miscioscia and Laura Rossi | White and Williams On September 7, 2021, in one of the few decisions addressing the scope of coverage for faulty workmanship under Delaware law, the Delaware District Court denied an insurer’s motion seeking a declaration that it neither needed to defend nor indemnify an insured-builder under a commercial general… Continue reading Delaware District Court Finds CGL Insurer Owes Condo Builder a Duty to Defend Faulty Workmanship Claims — Based on the Subcontractor Exception to the Your Work Exclusion
Month: September 2021
Courts Deal With “Dual-Hat” Experts: Part I
Thomas E. Spahn | McGuireWoods Fed. R. Civ. P. 26(a)(2)(B)(ii) governs testifying experts’ duty to produce “the facts or data considered by the witness in forming” his or her opinion. Fed. R. Civ. P. 26(b)(4)(D) governs dramatically different non-testifying consulting experts. Not surprisingly, witnesses might switch from one role to the other, and also might possess arguably pertinent facts… Continue reading Courts Deal With “Dual-Hat” Experts: Part I
Courts Deal With “Dual-Hat” Experts: Part II
Thomas E. Spahn | McGuireWoods Last week’s Privilege Point addressed a court’s careful sorting out of discovery issues implicated when a non-testifying consulting expert created documents arguably related to his later role as a testifying expert. About two weeks later, the Southern District of New York (Judge Caproni) dealt with other issues involving non-testifying experts. In In re… Continue reading Courts Deal With “Dual-Hat” Experts: Part II
Utah Expands Premise-Owner Liability To Take-Home Asbestos Plaintiffs
Jackson Otto | Husch Blackwell Utah’s Supreme Court recently issued an opinion which dramatically expands premise owners’ liability for asbestos-related injuries. On August 5, 2021, the Court reversed Utah’s Court of Appeals and held that a lawsuit could proceed against two premises owners on the theory that asbestos dust from their facilities was brought home… Continue reading Utah Expands Premise-Owner Liability To Take-Home Asbestos Plaintiffs
Certificates as Evidence of Additional Insured Coverage Are All the Rage, But You Deserve Better
Joseph L. Cohen, W. Mason and Sean Milani-nia | Fox Rothschild Consider the following scenario: the construction project is ready to proceed. The deal is done. The agreements have all been carefully crafted, with detailed provisions on insurance dedicated to reducing risk. Those provisions require the downstream trade contractors to furnish certificates of insurance listing… Continue reading Certificates as Evidence of Additional Insured Coverage Are All the Rage, But You Deserve Better