Matthew DeVries | Best Practices Construction Law I have seven children. and two of them have flown the coop. I also have two grandchildren who are ripe for spoiling. You see, grandchildren are a different type of kid, which means I get to treat them different than the kiddos living under my roof. In construction, however,… Continue reading You Can’t Treat Construction Claims Like Your Grandkids
Tag: Construction Claims
No Coverage for Claim Deemed Made After Policy Expired When Insured First Received Actual Notice of Lawsuit
Elizabeth Jewell | Wiley Rein The United States District Court for the Northern District of Illinois, applying Illinois law, has held that a claim was deemed first made when the insured received actual, rather than constructive notice of the claim. Philadelphia Indem. Ins. Co. v. Lewis Produce Mkt No. 2, 2022 WL 1045640 (N.D. Ill. Apr.… Continue reading No Coverage for Claim Deemed Made After Policy Expired When Insured First Received Actual Notice of Lawsuit
Construction Defect Claims Not Covered
Tred R. Eyerly | Insurance Law Hawaii The court found that the insured’s negligent acts causing damage to only the structure of the home it built were not covered under the CGL policy. Westfield Ins. Co. v. Zaremba Builders II LLC, 2022 U.S. Dist. LEXIS 36189 (N.D. Ill. March 2, 2022). Zaremba… Continue reading Construction Defect Claims Not Covered
What do the Rules of Evidence Have to Do With Documenting a Construction Claim? Everything.
Jacob Zahniser | Miller Nash Construction is a document-intensive industry. Construction disputes are equally document-intensive. Given the critical role of written documentation in preserving and resolving construction claims, it is essential that construction companies adequately train the people who create and manage written documentation. Otherwise, evidentiary challenges could sink an otherwise meritorious claim or defense.… Continue reading What do the Rules of Evidence Have to Do With Documenting a Construction Claim? Everything.
Florida’s Statute Of Repose – Elimination Of Stale Claims
Anthony S. Wong and Lee H Jeansonne | Wood, Smith, Henning & Berman Big changes may be on the horizon for Florida statute of repose for construction claims. Florida SB 2022-736 proposes to amend Fla. Stat. §95.11(3)(c) to eliminate the distinction between patent and latent claims and apply a uniform four year statute of repose… Continue reading Florida’s Statute Of Repose – Elimination Of Stale Claims