Tred R. Eyerly – March 20, 2013 Unable to discern the meaning of a provision stating that payment of damages would be made “through a trial but not any appeal”, the court found an ambiguity. Parker v. Am. Family Ins. Co., 2013 U.S. Dist. LEXIS 9085 (D. Ore. Jan. 23, 2013). The homeowners sued the… Continue reading Limitation on Coverage for Payment of Damages Creates Ambiguity
What Architects & Engineers Need to Know about the New Lien Law | Melissa Dewey Brumback – JDSupra
Melissa Dewey Brumback – April 8, 2013 I have previously discussed the ABCs of Lien Laws for those making claims on a project (that is, architects, engineers, contractors, subcontractors, and suppliers) and the 123s of Lien Laws for project owners. Now, time to learn some new tricks: enter, the Lien Agent. In case you’ve been hiding… Continue reading What Architects & Engineers Need to Know about the New Lien Law | Melissa Dewey Brumback – JDSupra
Bills Target Nevada’s Construction Defect Law
Construction defect laws intended to protect consumers have morphed into a trial lawyer’s dream and a nightmare for Nevada’s building trades, putting many out of business and sending the cost of insurance skyrocketing, representatives of the homebuilding and construction industry said Friday. But in testimony before the Senate Judiciary Committee, homeowners recalled their own nightmares… Continue reading Bills Target Nevada’s Construction Defect Law
Who is Liable for Faulty Florida Construction, Insurer or Contractor?
March 16, 2013 As most Florida homeowners can attest to, natural disasters can be extremely unpredictable in the Sunshine State. Whether dealing with torrential rains and hurricanes, or even sinkholes, Florida homeowners can literally encounter Mother Nature’s wrath from almost every angle – from both above and below. Unfortunately, the aftermath of such horrific events… Continue reading Who is Liable for Faulty Florida Construction, Insurer or Contractor?
Federal Court Predicts Coverage In Utah for Damage Caused By Faulty Workmanship
Tred R. Eyerly – April 3, 2013 The federal district court predicted that the Utah Supreme Court would find that damage to property other than the insured’s work product is unexpected and arises from an occurrence. Cincinnati Ins. Co. v. AMSCO Windows, 2013 U.S. Dist. LEXIS 15999 (D. Utah Feb. 5, 2013). The insured, AMSCO Windows,… Continue reading Federal Court Predicts Coverage In Utah for Damage Caused By Faulty Workmanship