Victoria Johnson | Zelle Property Insurance/Replacement Cost Homeowners Did Not Substantially Meet Policy’s Condition Precedent to Recover Replacement Cost Value Insurer Did Not Waive Conditions Henderson v. State Farm Fire and Casualty Co., 113 F.4th 1042 (8th Cir. 2024) Case at a Glance Insured homeowners (“Homeowners”) filed suit against State Farm for breach of contract… Continue reading Homeowners Did Not Substantially Meet Policy’s Condition Precedent to Recover Replacement Cost Value
Tag: insurance
BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute
David McLain | Higgins, Hopkins, McLain & Roswell In the recent case of BKV Barnett, LLC v. Electric Drilling Technologies, LLC, the United States District Court for the District of Colorado dealt with significant legal issues concerning indemnification and insurance obligations in construction agreements. The ruling, handed down on September 26, 2024, serves as a crucial… Continue reading BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute
Construction Professionals Could Face More Liability Exposure Following California Appellate Ruling
Jamison Rayfield and Brian Slome | Lewis Brisbois The California Court of Appeal recently reversed a summary judgment ruling in favor of a geotechnical engineering firm that had conducted a brief inspection of a residential construction project’s footing trench for $360. The case arose when homeowner Cheryl Lynch experienced significant property damage after her home’s foundation failed… Continue reading Construction Professionals Could Face More Liability Exposure Following California Appellate Ruling
Finger Pointing Betwen Liability Insurers and “Other Insurance” Provision
David Adelstein | Florida Construction Legal Updates It’s not uncommon when liability insurers point the finger at each other relating to which insurer should be deemed primary, which insurer should be excess, or whether a pro rata contribution between insurers applies. Typically, this needs to be decided by the “other insurance” provision in the insurance policy that… Continue reading Finger Pointing Betwen Liability Insurers and “Other Insurance” Provision
Damage Caused Not by Superstorm Sandy, But by Faulty Workmanship, Not Covered
Tred R. Eyerly | Insurance Law Hawaii The federal district court adopted the Report and Recommendations (R&R) of the magistrate judge, finding there was no coverage for faulty workmanship in replacing a roof for an apartment complex. Burlington Ins. Co. v. PCGNY Corp., 2024 U.S. Dist. LEXIS 167814 (S.D. N. Y. Sept. 16, 2024). … Continue reading Damage Caused Not by Superstorm Sandy, But by Faulty Workmanship, Not Covered