Tred R. Eyerly | Insurance Law Hawaii Reversing the judgment of the district court, the Fifth Circuit found the insurer owed a defense in a construction defect case. Siplast, Inc. v. Emplrs Mut. Cas. Co., 2022 U.S. App. LEXIS 795 (5th Cir. Jan. 11, 2022). The Archdiocese of New York sued various… Continue reading Fifth Circuit Finds Duty to Defend Construction Defect Case
Tag: Construction Defect Cases
Michigan Court of Appeals Remands Construction Defect Case
Tred R. Eyerly | Insurance law Hawaii After its prior decision holding there was no coverage for faulty workmanship was remanded by the Michigan Supreme Court, the Court of Appeals remanded to the trial court. Skanska United States Bldg. v. M.A.P. Mech. Contrs., 2021 Mich. App. LEXIS 7336 (Mich. Ct. App. Dec. 28,… Continue reading Michigan Court of Appeals Remands Construction Defect Case
Number of “Occurrences” for Determining Policy Limits in California Construction Defect Cases
Kelly Smith | Snell & Wilmer Insurance policies generally have different policy limits depending on the number of “occurrences.” For example, the amount of money recoverable under an insurance policy may be $5 million per occurrence with a $20 million aggregate limit. Therefore, when determining policy limits, deductible liability or considering settlement in a construction… Continue reading Number of “Occurrences” for Determining Policy Limits in California Construction Defect Cases
Attorneys’ Fee Clauses are Engraved Invitations to Sue
Dave McLain | Colorado Construction Litigation As we start another trip around the sun, hopefully you are in the process of updating your form contracts, including purchase and sale agreements and express written warranties. Because the law and litigation landscape continually changes, it is a good practice to periodically update the forms you use in… Continue reading Attorneys’ Fee Clauses are Engraved Invitations to Sue
The Earth Movement Exclusion: How Does it Affect Construction Defect Cases?
Adam B. Edgecombe, Esq. | Jimerson & Cobb P.A. | September 26, 2016 One of the biggest considerations for parties on both sides of any lawsuit is whether insurance coverage will apply to the plaintiff’s claims. This is especially true in construction defect cases, where the cost of repairing the alleged damage can be significant,… Continue reading The Earth Movement Exclusion: How Does it Affect Construction Defect Cases?