Tred R. Eyerly | Insurance Law Hawaii The federal district court determined that the insurer was not obligated to defend construction defect claims under Kentucky law. Westfield Ins. Co. v. Kentuckiana Commercial Concrete, LLC, 2023 U.S. Dist. LEXIS 222674 (W.D. Ky. Dec. 14, 2023). HRB, the owner of an apartment complex, filed… Continue reading No Duty to Defend Construction Defect Claims under Kentucky Law
Category: Insurance Claims
Renovations And Reckonings: Navigating Unjust Enrichment In Property Disputes
Michael O’Donnell, Kevin Hakansson, Thomas J. Persico and Kori Pruett | Riker Danzig Introduction In February 2024, the New Jersey Appellate Division affirmed a trial court’s decision on a motion to dismiss rejecting a property owner’s unjust enrichment claims. The claims related to costly improvements made while the trial court’s order vacating final judgment in… Continue reading Renovations And Reckonings: Navigating Unjust Enrichment In Property Disputes
Delaware’s Supreme Court Addresses What Constitutes a “Claim for Damages”
Ezhan Hasan | Wiley Rein The Supreme Court of Delaware has held that a letter received by an insured from an attorney purporting to represent unidentified plaintiffs and forecasting future litigation did not constitute a “claim for damages” under a claims-made policy. Zurich Am. Ins. Co. v. Syngenta Crop Prot., LLC, 2024 WL 763418 (Del. Feb.… Continue reading Delaware’s Supreme Court Addresses What Constitutes a “Claim for Damages”
Connecticut’s New False Claims Act Increases Risk to Public Construction Participants
Fred Hedberg and William Stoll | Construction Law Zone After several decades, Governor Ned Lamont signed a bill into law, effective July 1, 2023, An Act Concerning Liability for False and Fraudulent Claims, Public Act No. 23-129, eliminating language that previously limited enforcement of Connecticut’s False Claims Act to claims relating to a state-administered health or… Continue reading Connecticut’s New False Claims Act Increases Risk to Public Construction Participants
Breach vs. Default — What’s the difference?
John Mark Goodman | BuildSmart The words breach and default are often used interchangeably to indicate that somebody hasn’t done what they were legally required to do. According to Black’s Law Dictionary, the words do appear somewhat interchangeable. Black’s defines breach as “a violation or infraction of a law, obligation, or agreement, especially of an official duty or a legal obligation.” … Continue reading Breach vs. Default — What’s the difference?