Matthew Lewis | PropertyCasualtyFocus In Liberty Surplus Insurance Corp. v. Kaufman Lynn Construction Inc., the Eleventh Circuit Court of Appeals held that a “course of construction exclusion” in a commercial general liability precluded coverage for water damage caused by a hurricane during a construction project. However, the court found that the insured had standing to assert… Continue reading Eleventh Circuit Holds Course of Construction Exclusion Applies to Water Damage as Project Was Not Fully Complete
Pioneering Dispute Resolution: The New JAMS AI Rules
Leslie King O’Neal | JAMS As artificial intelligence becomes more embedded in our daily lives, disputes involving this complex technology are on the rise. Stakeholders in disputes involving AI are particularly concerned about confidentiality of system processes and algorithms. Disputes involving technology like AI involve in depth understanding and complex discovery issues. How do we… Continue reading Pioneering Dispute Resolution: The New JAMS AI Rules
Limitation Of Liability And Insurance Policy Limits: A Risky Business Strategy
Jordan Karp | Outside General Counsel For most companies, business insurance policies act as a crucial safety net—an assurance that if the unexpected happens, your company won’t face financial devastation. However, when negotiating contracts, there’s a potential trap that some businesses unwittingly walk into: tying a limitation of liability in the contract directly to the… Continue reading Limitation Of Liability And Insurance Policy Limits: A Risky Business Strategy
Legal Doctrines: The Role of Res Judicata and Election of Remedies in a Construction Dispute
Jose A. Aquino | Duane Morris On February 13, 2025, the Appellate Division of the Supreme Court of the State of New York entered a ruling in the case of Alarcon v. Henry, highlighting the significance of adhering to the doctrines of res judicata and election of remedies. The plaintiff entered into a contract with HKH… Continue reading Legal Doctrines: The Role of Res Judicata and Election of Remedies in a Construction Dispute
Navigating Construction Defect Claims and Statutes of Limitation: Key Lessons from Stoecklein v. Fayette Farms
David McLain | Higgins, Hopkins, McLain & Roswell In the recent Colorado Court of Appeals decision Stoecklein v. Fayette Farms, LLC (2024 WL 5098330), the Court addressed critical issues surrounding construction defect claims, statutes of limitations, and the interplay between the Colorado Consumer Protection Act (“CCPA”) and the Construction Defect Action Reform Act (“CDARA”). This case underscores… Continue reading Navigating Construction Defect Claims and Statutes of Limitation: Key Lessons from Stoecklein v. Fayette Farms