Elizabeth B. Ferguson | Insurance Journal | January 4, 2018 A recent case out of the Florida Supreme Court will likely have a big impact on the duty of insurers to defend Florida construction cases. The case, Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company arises out of a declaratory judgment action filed in the… Continue reading Florida Supreme Court Ruling to Have Big Impact on Duty to Defend Construction Cases
Tag: Construction Defect Claims
Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims
Richard H. Glucksman, Esq. and Chelsea L. Zwart, Esq. | Construction Defect Journal | June 5, 2017 Background In Gillotti v. Stewart (April 26, 2017) 2017 WL 1488711, which was ordered to be published on May 18, 2017, the defendant grading subcontractor added soil over tree roots to level the driveway on the plaintiff homeowner’s… Continue reading Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims
New Jersey Court Adopts Continuous Trigger for Construction Defect Claims
Tred Eyerly | Insurance Law Hawaii | November 15, 2017 The New Jersey Superior Court, Appellate Division, adopted the continuous trigger for establishing which insurers were on the risk for construction defect claims. Air Master & Cooling, Inc. v. Selective Ins. Co. of Am., 2017 N.J. Super. LEXIS 144 (N.J. Super. Ct., App. Div. Oct. 10,… Continue reading New Jersey Court Adopts Continuous Trigger for Construction Defect Claims
Is the Retroactive Statute of Repose for Construction Defect Claims Constitutional?
Gregory King, Esq. adn Sarah J. Odia, Esq. | Nevada Lawyer | September 2017 With the February 24, 2015, enactment of Assembly Bill 125 (2015 Nevada Laws, Ch. 2), much has changed in the world of residential construction defect litigation. One of the most dramatic shifts has been the reduction of the statute of repose… Continue reading Is the Retroactive Statute of Repose for Construction Defect Claims Constitutional?
New Requirements Under MCIOA: Preventative Maintenance Plans and Construction Defect Claims
Michael D. Klemm | Hellmuth Johnson PLLC | June 6, 2017 Important changes to Minnesota law were recently made that will affect real estate developers, builders, associations and unit owners. Minnesota Statutes Chapter 515B, the Minnesota Common Interest Ownership Act (“MCIOA”), was amended to establish new requirements regarding preventative maintenance plans and construction defect claims… Continue reading New Requirements Under MCIOA: Preventative Maintenance Plans and Construction Defect Claims