Tred R. Eyerly | Insurance Law Hawaii The Fourth Circuit upheld the district court’s decision that a collapse was covered, but reversed the denial of treble damages to the insured. DENC, LLC v. Phila. Indem. Ins. Co., 2022 U.S. App. LEXIS 10443 (4th Cir. April 18, 2022). The district court decision was summarized here. … Continue reading Treble Damages Awarded After Insurer Denies Coverage for Collapse
Month: July 2022
California Supreme Court Rejects Third Exception to Privette Doctrine
Brad Vornholt and Joelle Nelson | Lewis Brisbois In Gonzalez v. Mathis (August 19, 2021) 12 Cal. 5th 29, the California Supreme Court considered whether to create a third exception to the Privette Doctrine specific to known hazards on a worksite, when a contractor cannot remedy the hazard by taking reasonable safety precautions to protect against it. Privette Background Under… Continue reading California Supreme Court Rejects Third Exception to Privette Doctrine
Contractors’ Right to Sue in Washington Requires Registration
John Leary | Construction Law Blog Summary: In Washington, contractors must be properly registered in order to pursue a legal action against a customer for breach of contract. Dobson v. Archibald, a February 2022 decision by the Washington Court of Appeals, reinforced how the governing statute – RCW 18.27.080 – does not simply create an affirmative… Continue reading Contractors’ Right to Sue in Washington Requires Registration
Massachusetts Federal Court Rejects Adria Towers, Finds Construction Defects Not An “Occurrence”
Eric B. Hermanson and Austin D. Moody | White and Williams In an important ruling for insurers, U.S. District Court Judge Patti Saris found that Massachusetts does not follow the position taken in Cypress Point Condo Association v. Adria Towers, LLC, 226 N.J. 403, 418 (2016), i.e., it does not hold that “faulty workmanship claims [should be recognized]… Continue reading Massachusetts Federal Court Rejects Adria Towers, Finds Construction Defects Not An “Occurrence”
Lasers Help WA Scientists Find Potential Landslide Hazards
Michael Crowe | High County News For years, small planes have buzzed across the skies of Washington carrying specialized instrument packages that peer down through the belly of the aircraft. As they soar above mountains, rivers and valleys, the machinery paints the topography below with laser light thousands of times per second, reflecting the contours of… Continue reading Lasers Help WA Scientists Find Potential Landslide Hazards