Tred R. Eyerly | Insurance Law Hawaii | August 29, 2018 The Michigan Court of Appeals affirmed the trial court’s decision finding the policy’s collapse coverage did not apply. Cmty. Garage v. Auto-Owners Ins. Co., 2018 Mich. App. LEXIS 2680 (Mich. Ct. App. June 19, 2018). The insured operated a truck repair business. In June 2016,… Continue reading Court Upholds Denial of Collapse Coverage Where Building Still Stands
Tag: Michigan
Mold/Remediation: Michigan Appellate Court Addresses Duty Owed Homeowner by Insurance Company and Cleanup Contractor
Walter G. Wright and Claire Maddox | Mitchell Williams | September 12, 2018 The Court of Appeals of Michigan (“Court”) in an August 21st opinion addressed an issue regarding the duty and liability of Farmers Insurance Exchange (“Farmers”) and U.S. Disaster Services LLC (“U.S. Disaster”) owed to an insured homeowner in addressing flood damage. See Abraham… Continue reading Mold/Remediation: Michigan Appellate Court Addresses Duty Owed Homeowner by Insurance Company and Cleanup Contractor
Limit of a General Contractor’s Liability Under the Common Work Area Doctrine
Mark A. Nasr | Clark Hill | March 15, 2018 The Court of Appeals, in the recent decision Cockfield v. Sachse Construction & Development Corporation, et al., has again analyzed the affirmative obligations a general contract has to ensure the safety of subcontractors’ employees working on a construction site. The answer, consistent with prior Supreme Court… Continue reading Limit of a General Contractor’s Liability Under the Common Work Area Doctrine
Do Architects and Engineers Owe a Legal Duty to Non-Contracting Parties?
Jeffrey M. Gallant and Scott D. Garbo | Clark Hill | February 14, 2018 Do architects and engineers owe a common law duty (i.e. non-contractual duty) to Contractors or Owners for alleged negligence, errors, or omissions when performing services? That answer may depend on what services are at issue. A recent unpublished Michigan Court of… Continue reading Do Architects and Engineers Owe a Legal Duty to Non-Contracting Parties?
Michigan Construction Lien Rights Trump Pay When Paid Clause
Scott R. Murphy | Barnes & Thornburg LLP | September 26, 2016 Recently, the Michigan Court of Appeals examined whether a supplier’s construction lien rights were limited by a pay-when-paid clause contained in the supplier’s contract with the general contractor. In Dubock v Copeland Paving, Inc., 216 Westlaw 1230860 (March 29, 2006), owners of a law… Continue reading Michigan Construction Lien Rights Trump Pay When Paid Clause