Scott Murphy | Barnes & Thornburg | July 25, 2017 In Provenzino v Macomb County, 2017 WL 104544 (Mich. App. 2017), the Michigan Court of Appeals reversed the trial court’s decision to dismiss a general contractor’s claim for indemnity where the plaintiff’s allegations arose “in any way” from the subcontractor’s work. The appeals court reasoned that the broad… Continue reading Even When You Win, You Lose: Subcontractor’s Indemnity Obligation Enforced Despite Being Absolved of Liability at Trial
Tag: Personal Injury
Missouri Court of Appeals Upholds Acceptance Doctrine to Absolve General Contractor of Premises Liability
John A. Watt | Baker Sterchi Cowden & Rice LLC | April 21, 2017 In the case of Wilson v. Dura-Seal and Stripe, the Missouri Court of Appeals for the Eastern District held that the “acceptance doctrine” is still valid law in Missouri, and bars liability against a construction contractor for the injury of a… Continue reading Missouri Court of Appeals Upholds Acceptance Doctrine to Absolve General Contractor of Premises Liability
Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage
Masaki J. Yamada | Ahlers & Cressman PLLC | December 22, 2016 Washington Courts allow an insurer to determine its duty to defend an insured against a lawsuit based only on the face of the complaint and the limitations of the insurance policy. This is otherwise known as the “eight corners” rule (four corners of… Continue reading Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage
Premises Liability
Elizabeth I. Stewart | Low, Ball & Lynch | October 2016 Victor M. Regalado v. Jeffrey M. Callaghan Court of Appeal, Fourth Appellate District (September 22, 2016) Generally, when employees of independent contractors are injured in the workplace, they cannot sue the party that hired the contractor to do the work, but are instead limited… Continue reading Premises Liability
Clarification on Architect’s/Engineer’s Liability for Safety During Construction
Stan Martin | Commonsense Construction Law LLC | September 20, 2016 With underlying facts showing less-than-stellar actions on the part of more than one player, the Mississippi Supreme Court has clarified and confirmed the applicable standard for when a design professional should be liable for safety on a construction project. The case is McKean v. Yates… Continue reading Clarification on Architect’s/Engineer’s Liability for Safety During Construction