Gabriel R. Crane | Phelp Dunbar A Louisiana Court of Appeal affirmed a trial court’s ruling that mold remediation costs incurred as a result of a covered peril fall within the mold exclusion and endorsement of a homeowners’ policy because such costs would not have been incurred but for the appearance of mold. DeFelice v. Federated… Continue reading Louisiana Court Of Appeal Holds Mold Remediation Costs Incurred Following A Covered Peril Fall Within A Mold Sub-Limit Because Such Costs Would Not Have Been Incurred But For The Mold
Month: April 2022
Florida Appellate Court Finds Water Damage Sub-limit Ambiguous And Includes Tear-Out Costs
Brennah S. Toomey | Phelps Dunbar A Florida appellate court affirmed summary judgment entered in favor of insureds after determining that the policy wording applicable to the loss was ambiguous. Security First Ins. Co. v. Vazquez, No. 5D20-2528, 2022 Fla. App. LEXIS 1205, 47 Fla. L. Weekly D487b (Fla. 5th DCA, Feb. 18, 2022). The insureds reported… Continue reading Florida Appellate Court Finds Water Damage Sub-limit Ambiguous And Includes Tear-Out Costs
No Implied Warranty of Habitability Without Privity of Contract
Anastas Shkurti | Robbins DiMonte Anyone who purchases a newly built or improved home should be aware of a recent Illinois Appellate Court decision on a dispute over more than $1 million in alleged damages between a condominium association in downtown Chicago with 260 units against the general contractor and the plumbing subcontractor who performed… Continue reading No Implied Warranty of Habitability Without Privity of Contract
From Roof Building Codes to ‘Matching’ Limits, Some Changes Underway in Florida
William Rabb | Insurance Journal Property insurance companies and roofers in Florida don’t often see eye-to-eye. Insurers have frequently blamed unscrupulous contractors for jacking up claims, and roofing companies have sued insurance carriers, blaming them for systematically denying roof work. So it may come as a surprise to learn that the Florida Roofing and Sheetmetal… Continue reading From Roof Building Codes to ‘Matching’ Limits, Some Changes Underway in Florida
Contractor Gets Benched After Failing to Pay Jury Fees
Garret Murai | California Construction Law Blog Trial by jury is a fundamental right under the U.S. and California Constitutions. However, to avail yourself of this right, you not only have to declare that in advance that you intend to try your case to a jury but post jury fees as well. In TriCoast Builders,… Continue reading Contractor Gets Benched After Failing to Pay Jury Fees