Connecticut Appellate Court Addresses Trigger, Allocation, Exclusions, and Other Issues of First Impression in Coverage Litigation Over Long-Latency Asbestos Injury Cases

John C. Pitblado | PropertyCasualtyFocus | June 2, 2017 Connecticut’s intermediate appellate court addressed a number of novel issues in a wide-ranging opinion regarding primary and excess insurers’ respective duties to defend and indemnify their common insured for long-tail asbestos-related injury claims. The opinion was rendered unanimously and authored collectively by the three-judge panel of Robert… Continue reading Connecticut Appellate Court Addresses Trigger, Allocation, Exclusions, and Other Issues of First Impression in Coverage Litigation Over Long-Latency Asbestos Injury Cases

Is it the Dawning of the Age of Strict Products Liability for Contractors in California?

Garret Murai | California Construction Law Blog | February 9, 2016 It was the Age of Aquarius. And everything was changing. Politically, socially . . . andlegally. Through the 19th Century the doctrine of caveat emptor, literally “let the buyer beware,” was the rule of law. Under the doctrine a buyer was expected to protect… Continue reading Is it the Dawning of the Age of Strict Products Liability for Contractors in California?

Subcontractor Not Entitled to Payment after it Refused to Perform Disputed Work

Jasmine K. Gardner | Bradley Arant Boult Cummings | January 25, 2016 In yet another case from Massachusetts, the Massachusetts Appeals Court in Acme Abatement Contractor, Inc. v. S&R Corp. found that a general contractor was justified in not paying its subcontractor, even after the subcontractor had performed the majority of its work, because of… Continue reading Subcontractor Not Entitled to Payment after it Refused to Perform Disputed Work

No Diagnosis, No “Damages”: Wisconsin’s Construction Statute of Repose in Asbestos Cases

Gregory N. Heinen | Wisconsin Appellate Law | February 2, 2015 How to apply Wisconsin’s construction statute of repose, Wis. Stat. § 893.89, in asbestos cases has recently been a hot topic dividing trial courts. The statute bars a broad category of claims if they are brought more than 10 years after the date of substantial… Continue reading No Diagnosis, No “Damages”: Wisconsin’s Construction Statute of Repose in Asbestos Cases

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