Direct vs. Consequential Damages – What is the Difference, Really?

Stan Martin | Commonsense Construction Law LLC | November 3, 2016 Many people, even while negotiating the terms of a contract “mutual waiver of consequential damages” clause, fail to appreciate the distinction between direct and consequential damages. A federal district court judge in Pennsylvania has penned a thoughtful decision on this issue, worth noting. The… Continue reading Direct vs. Consequential Damages – What is the Difference, Really?

NJ Supreme Court Holds Insurers Liable for Subcontractor’s Defective Work

Practical Law | August 18, 2016 In a case of first impression, the Supreme Court of New Jersey recently held that insurers may be liable for consequential damages resulting from a subcontractor’s defective work under commercial general liability insurance policies.  On August 4, 2016, in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC, the… Continue reading NJ Supreme Court Holds Insurers Liable for Subcontractor’s Defective Work

Minnesota First-Party Claims: Recovering Consequential Damages in Addition to Policy Benefits when an Insurer Declines or Unreasonably Delays Payment.

Greg Johnson, Esq. | G. Johnson Law PLLC | June 1, 2016 Sometimes an unpublished appellate decision contains some important rulings. In Swanny of Hugo, Inc. v. Integrity Mutual Ins. Co., 2015 WL 9437571 (Minn. Ct. App. 2015), the Minnesota Court of Appeals addressed the issue of whether an insured may recover consequential damages in… Continue reading Minnesota First-Party Claims: Recovering Consequential Damages in Addition to Policy Benefits when an Insurer Declines or Unreasonably Delays Payment.

The Perils of Liquidation

Taft Stettinius & Hollister LLP | February 16, 2016 Liquidation is one of those odd legal terms that has multiple meanings, some intuitive and others unexpected. In non-legal parlance, liquidation is what happens when you don’t pay your loan shark, or when you cross James Bond. Legal terminology has an analogous usage, such as liquidation of… Continue reading The Perils of Liquidation

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