C. Ryan Maloney | Shutts & Bowen The recent Florida appellate case of Bandklayder Development, LLC v. Sabga,[1] provides an important lesson regarding damages for construction defects – that damages for construction defects must be proven based on costs of repair measured as of the date of the breach, not current repair costs as of the time… Continue reading Recent Florida Court Decision Provides Important Lesson on Construction Defect Damages
Tag: Construction Defect Claims
Summary Judgment for Insurer on Construction Defect Claim Reversed
Tred R. Eyerly | Insurance Law Hawaii The Fifth Circuit reversed the district court’s granting of summary judgment to the insurer on a construction defect claim asserted against the insured. TIG Ins. Co. v. Woodsboro Farmers Cooperative, 2024 U.S. App. LEXIS 24003 (5th Cir. Sept. 20, 2024). In March 2013, Woodsboro Farmers Cooperative… Continue reading Summary Judgment for Insurer on Construction Defect Claim Reversed
Third Circuit Vacates Judgment for Insurer on Alleged Construction Defect Claim
Tred R. Eyerly | Insurance Law Hawaii The Third Circuit vacated and remanded to the district court the judgment in favor of the insurer on a construction defect claim. Odedeyi v. AmTrust Financial Services Inc., 2024 U.S. App. LEXIS 24729 (3d Cir. Oct. 1, 2024). Mr. Odedeyi hired a contractor, who was… Continue reading Third Circuit Vacates Judgment for Insurer on Alleged Construction Defect Claim
No Duty to Defend Construction Defect Claims under Kentucky Law
Tred R. Eyerly | Insurance Law Hawaii The federal district court determined that the insurer was not obligated to defend construction defect claims under Kentucky law. Westfield Ins. Co. v. Kentuckiana Commercial Concrete, LLC, 2023 U.S. Dist. LEXIS 222674 (W.D. Ky. Dec. 14, 2023). HRB, the owner of an apartment complex, filed… Continue reading No Duty to Defend Construction Defect Claims under Kentucky Law
Negligent Damage to an Insured’s Work Now Considered “Property Damage” Caused by an “Occurrence” Under Illinois Law
Bevin Carroll and Julie Klein | Kennedys In a landmark decision, the Illinois Supreme Court has set forth a new legal framework to follow when analyzing coverage for construction defect claims under CGL policies. In Acuity v. M/I Homes of Chicago, LLC, 2023 IL 129087, __ N.E.3d __ (2023) (“Acuity”), Illinois’ highest court abrogated the longstanding… Continue reading Negligent Damage to an Insured’s Work Now Considered “Property Damage” Caused by an “Occurrence” Under Illinois Law