Matthew Eisenstein, Robert J. Katerberg, and Michael A. Rubin | Arnold & Porter LLP | October 23, 2015 The new amendments to the Federal Rules of Civil Procedure take effect on December 1, 2015. They will apply to newly filed actions, as well as pending actions “insofar as just and practicable.” Below are five areas… Continue reading Five things to Know about the Upcoming Amendments to the Rules of Civil Procedure
Month: October 2015
Sixth Circuit Finds No Coverage for Property Damage Caused by Faulty Workmanship
Tred Eyerly | Insurance Law Hawaii | October 5, 2015 The Sixth Circuit affirmed the lower court’s order granting summary judgment to the insurer who denied a defense for a construction defect claim. Steel Supply & Eng’g Co. v. Illinois Nat’. Ins. Co., 2015 U.S. App. LEXIS 14363 (6th Cir. Aug. 13, 2015). Steel Supply contracted… Continue reading Sixth Circuit Finds No Coverage for Property Damage Caused by Faulty Workmanship
Florida Court of Appeal Case Serves as a Reminder to be Mindful of how Claims are Pleaded
Kelly Corcoran | Ball Janik | September 10, 2015 A recent opinion out of the Fourth District Court of Appeal in Florida highlights the importance of properly pleading claims so that insurance coverage is triggered. In Mid-Continent Cas. Co. v. Royal Crane, LLC, Cloutier Brothers, Inc. leased a crane and crane operator from Royal Crane,… Continue reading Florida Court of Appeal Case Serves as a Reminder to be Mindful of how Claims are Pleaded
Pre-Litigation Procedures of the “Right to Repair Act”
James F. Regan | Low, Ball & Lynch | August 26, 2015 Civil Code section 896 (§ 896) is part of a statutory scheme commonly referred to as the Right to Repair Act (§§ 895 et seq.; the “Act”). Under the Act, before a homeowner who claims defective residential construction can file an action against… Continue reading Pre-Litigation Procedures of the “Right to Repair Act”
California Court Confirms that any “Potentially Covered” Loss Triggers the Duty to Defend
Gabe Weaver | Ball Janik | August 10, 2015 When threatened with a lawsuit, an insured’s first call is often to his or her insurer, asking the insurer to hire lawyers to defend the lawsuit. All too often the insurer’s initial response is that the claim is not covered for one reason or another. At… Continue reading California Court Confirms that any “Potentially Covered” Loss Triggers the Duty to Defend