Claims Journal A federal appellate court is asking Massachusetts’ top court to decide whether an insurance policy sublimit for damage caused by “surface waters” applies to damage from water that pooled on a parapet roof and second-floor courtyard during a rainstorm. The 1st Circuit Court of Appeals says an answer is needed so that it can resolve… Continue reading Did Water that Pooled on Roof Cause ‘Flood’ Damage? Mass. High Court Asked to Decide
Month: January 2024
No Subrogation, Contribution Rights for Carrier Defending Construction Defect Claim
Tred R. Eyerly | Insurance Law Hawaii The Court held that the insurer defending the additional insured general contractor had no right to equitable subrogation or equitable contribution from a separate carrier who also insured the general contractor as an additional insured. Old Republic Gen. Ins. Co. v. Amerisure Ins. Co., 2023 U.S. Dist.… Continue reading No Subrogation, Contribution Rights for Carrier Defending Construction Defect Claim
To Repair or Replace? California and New York Enact Right-to-Repair Laws
Leonard L. Gordon and Jay V. Prapaisilp | Venable Manufacturers need to be careful in the New Year to start complying with new laws in New York and California expanding consumers’ right to repair certain products. California joined the right-to-repair movement with the passing of its Right to Repair Act, effective July 1, 2024. The law… Continue reading To Repair or Replace? California and New York Enact Right-to-Repair Laws
Major Ruling: Illinois Supreme Court Provides Clarity and Changes Precedent on CGL Coverage for Defective Work (Positively Affecting Real Estate Developers and Community Associations)
Howard Dakoff and Suzanne Karbarz Rovner | Levenfeld Pearlstein The Illinois Supreme Court recently upended decades of Illinois caselaw regarding coverage under commercial general liability (CGL) policies, aligning Illinois with most states on the issue. On November 30, 2023, the Illinois Supreme Court unanimously held in Acuity v. M/I Homes of Chicago, LLC that the “your work”… Continue reading Major Ruling: Illinois Supreme Court Provides Clarity and Changes Precedent on CGL Coverage for Defective Work (Positively Affecting Real Estate Developers and Community Associations)
The Role of Liquidated Damages Provisions in Construction Contracts
Chris Burrows | Ahead of Schedule Considering all that can go wrong on a construction site, it can seem like a miracle that anything is ever built. Construction projects can be massive undertakings, often with millions of dollars at stake, requiring the coordination of thousands of people. The glue that holds the organized chaos together… Continue reading The Role of Liquidated Damages Provisions in Construction Contracts