Insurance News Net – March 15, 2013 The Property Casualty Insurers Association of America issued the following news release: Lessons learned in other states demonstrates that expansion of bad faith laws leads to increased costs for consumers, businesses and court systems. Oregon lawmakers should avoid importing several bad faith laws from other states that have… Continue reading Industry Report Shows Ore. Proposals Could Cost $200M
Andrea Cortland – March 12, 2013 On February 15, 2013 a Pennsylvania federal district court held that the shipment of defective drywall from China to the United States constituted one “occurrence” for purposes of insurance coverage, and the occurrence took place when the damage caused by the drywall manifested itself in the residences or buildings… Continue reading Pennsylvania Makes Its Mark On National Chinese Drywall Coverage Dispute With “One Occurrence” Decision
Tyler P. Scarbrough – February 1, 2013 In 182 Tenth, LLC v. Manhattan Construction Co., 316 Ga. App. 776 (2012), the Georgia Court of Appeals recently addressed a material and labor supplier’s inclusion of general conditions costs in its claim of lien. The Court held that general conditions costs representing overhead and administrative costs were… Continue reading To Lien or not to Lien – What About my General Conditions?
Stan Martin – March 12, 2013 The folks who eroded the privity rule in A.R. Moyer v. Graham have now abolished the economic loss rule in Tiara Condominium Ass’n v. Marsh & McClennan. The decision, issued March 7, 2013 by the Florida Supreme Court, is blunt: “We . . . hold that the application of… Continue reading Economic Loss Rule, 1850-2013, R.I.P.
These condos were built in 1980, and investigated in 2003. The nominal water intrusion took 23 years to manifest itself in the form of a minor deck surface collapse which alerted the owner to investigate. Needless to say it was well beyond the ten year statuette of limitations; this was not a restoration that was… Continue reading How Minor Construction Defects Can Turn Into Major Structural Problems