Jeffrey Anderson, Erik Fritzberg and Mike Rimoldi | J.S. Held Introduction According to the Federal Emergency Management Agency (FEMA), “Building codes protect you from a wide range of hazards—whether it is by implementing safe wiring, fire prevention, or stronger structural integrity. When a community has up-to-date building codes in place, they are more protected against… Continue reading Premises Liability & The Building Codes: The Role of Codes in Making Premises Safe
Month: March 2022
Texas Supreme Court Cements Exception to “Eight-Corners” Rule Through Two Recent Rulings
Jeremy Macklin | Traub Lieberman The Texas “eight corners” rule precludes insurers from disclaiming a defense obligation based on facts not alleged in the underlying pleadings. Texas federal and appellate courts have been issuing rulings addressing exceptions to the eight corners rule and recently sought guidance from the Texas Supreme Court on whether Texas law recognizes… Continue reading Texas Supreme Court Cements Exception to “Eight-Corners” Rule Through Two Recent Rulings
Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered By CGL Policies
Nathan A. Cazier and Scott S. Thomas | Payne & Fears The construction industry operates under the constant spectre of claims seeking damages for defective or faulty workmanship. Fortunately, the law in most states treats these claims as covered under commercial general liability (“CGL”) policies. A small minority of states take a much stingier view.… Continue reading Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered By CGL Policies
Landmark Montana Supreme Court Decision Series: Known Loss Doctrine & Interpretation of “Occurrence”
Lorelie S. Masters, Patrick M. McDermott & Rachel E. Hudgins | Hunton Andrews Kurth In this final post in the Blog’s Landmark Montana Supreme Court Decision Series, we discuss the court’s ruling on the known loss doctrine and its interpretation of “occurrence” in National Indemnity Co. v. State, 499 P.3d 516 (Mont. 2021). Personal injury claims against… Continue reading Landmark Montana Supreme Court Decision Series: Known Loss Doctrine & Interpretation of “Occurrence”
Express Warranty Trumping Spearin’s Implied Warranty
David Adelstein | Florida Construction Legal Updates Be mindful of that express warranty provision in your contract. It could result in an outcome that you did not consider or factor when submitting your proposal or agreeing to your contract amount. An express warranty could have the effect of eviscerating the argument that you performed your… Continue reading Express Warranty Trumping Spearin’s Implied Warranty