Gus Sara | The Subrogation Strategist In Commercial Painting Co. v. Weitz Co. LLC, No. W2019-02089-SC-R11-CV, 2023 Tenn. LEXIS 39 (Weitz), the Supreme Court of Tennessee (Supreme Court) considered whether the economic loss doctrine barred the plaintiff’s claims for fraud, negligent misrepresentation and punitive damages arising out of a contract with the defendant for construction services.… Continue reading Drawing the Line: In Tennessee, the Economic Loss Doctrine Does Not Apply to Contracts for Services
Month: December 2023
Hirer Not Liable Under Privette Doctrine Where Hirer Had Knowledge of Condition, but not that Condition Posed a Concealed Hazard
Garret Murai | California Construction Law Blog The Privette doctrine, so-called because of a case of the same name, Privette v. Superior Court , 5 Cal.4th 698 (1993), provides a rebuttable presumption that a hirer is not liable for workplace injuries sustained by employees of hired parties. In other words, if a property owner hires a contractor, and one… Continue reading Hirer Not Liable Under Privette Doctrine Where Hirer Had Knowledge of Condition, but not that Condition Posed a Concealed Hazard
No Coverage for Lawsuit Served on Insured’s Registered Agent Prior to Policy Inception
Emily Hart | Wiley Rein In a win for Wiley’s client, the U.S. Court of Appeals for the Eleventh Circuit, applying District of Columbia law, affirmed judgment on the pleadings that no coverage is available for a lawsuit because the “claim” was first made before the inception date of the policy when the lawsuit was… Continue reading No Coverage for Lawsuit Served on Insured’s Registered Agent Prior to Policy Inception
Negligent Damage to an Insured’s Work Now Considered “Property Damage” Caused by an “Occurrence” Under Illinois Law
Bevin Carroll and Julie Klein | Kennedys In a landmark decision, the Illinois Supreme Court has set forth a new legal framework to follow when analyzing coverage for construction defect claims under CGL policies. In Acuity v. M/I Homes of Chicago, LLC, 2023 IL 129087, __ N.E.3d __ (2023) (“Acuity”), Illinois’ highest court abrogated the longstanding… Continue reading Negligent Damage to an Insured’s Work Now Considered “Property Damage” Caused by an “Occurrence” Under Illinois Law
Illinois Joins the Pack on Defective Construction as an Occurrence
Anna M. Perry | Saxe Doernberger & Vita Illinois joins the majority of states finding “property damage that results inadvertently from faulty work can be caused by an ‘accident’ and therefore constitute an ‘occurrence’.” The Illinois Supreme Court’s ruling in Acuity v. M/I Homes of Chicago, LLC1 (“Acuity v. M/I Homes”) is the first high court ruling… Continue reading Illinois Joins the Pack on Defective Construction as an Occurrence