Benjamin Goshko | Marshall Dennehey This matter concerned claims of defective construction by the plaintiff against defendant for a home built in 2004. The plaintiff’s suit was filed after the 12-year limitation set forth in the Statute of Repose, 42 Pa. C.S. § 5536(a). The plaintiff argued the Statute of Repose did not apply because… Continue reading Superior Court Clarifies Meaning of ‘Lawful’ Under Statute of Repose.
Month: March 2024
Court Finds No Coverage for Loss Caused by Water Back Up Through a Storm Drain
Tiffany Bustamante O’Quinn | Property Insurance Law Observer In Carrico v. Stillwater Ins. Co., 23-CV-349-RAJ, 2024 WL 308106 (W.D. Wash. Jan. 26, 2024), the Western District of Washington considered competing motions for partial summary judgment in a property damage case involving a winter storm, where large amounts of rain and melted snow backed the drain up… Continue reading Court Finds No Coverage for Loss Caused by Water Back Up Through a Storm Drain
Appraisal Panel Can Determine Causation of Loss Under Ohio Law
Tred R. Eyerly | Insurance Law Hawaii The federal district court granted the insured’s motion to compel an appraisal that would include a determination of causation of the loss. Eagle Highland Owners Association v. State Farm Fire and Casualty Co., 2023 U.S. Dist. LEXIS 220937 (S.D. Ohio Dec. 12, 2023). Plaintiff argued… Continue reading Appraisal Panel Can Determine Causation of Loss Under Ohio Law
What Is The Difference Between Fee Simple, An Easement, Full Take, And Part Take?
Jillian Friess Leivas | Nossaman When one hears “eminent domain” or “condemnation,” you might envision a governmental agency or utility coming in and acquiring the entirety of a piece of property and leaving nothing behind. However, often times, condemnation does not require the entire property, but only a portion or rights to use a portion… Continue reading What Is The Difference Between Fee Simple, An Easement, Full Take, And Part Take?
Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage
Tred R. Eyerly | Insurance Law Hawaii The Illinois Supreme Court found that the underlying allegations addressing construction defects were sufficient to establish “property damage” caused by an “occurrence.”Acuity v. M/I Homes of Chicago, LLC, 2023 Ill. LEXIS 1019 (Ill. Nov. 30, 2023). M/I Homes was the general contractor for a… Continue reading Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage