Gregory D. Hagen, Edward P. Garson, John R. Clifford and Ian A. Stewart | Wilson Elser | February 18, 2015 On January 22, 2015, the Fourth District Court of Appeals issued for publication its decision in McMillin Companies LLC v. American Safety Indemnity Company, 4th Dist. Div. 1, D063586. The case is significant in addressing… Continue reading Fourth District Reverses Lower Court Ruling in Construction Defect Litigation
Month: February 2015
Calculating Actual Cash Value, Part 5: New Jersey and New York
Shane Smith | Property Insurance Coverage Law Blog | February 22, 2015 Since many attorneys in our firm are litigating numerous Superstorm Sandy claims on behalf of policyholders in New Jersey and New York, this week’s post on calculating actual cash value will focus on these two states. To determine actual cash value, New Jersey courts… Continue reading Calculating Actual Cash Value, Part 5: New Jersey and New York
No Diagnosis, No “Damages”: Wisconsin’s Construction Statute of Repose in Asbestos Cases
Gregory N. Heinen | Wisconsin Appellate Law | February 2, 2015 How to apply Wisconsin’s construction statute of repose, Wis. Stat. § 893.89, in asbestos cases has recently been a hot topic dividing trial courts. The statute bars a broad category of claims if they are brought more than 10 years after the date of substantial… Continue reading No Diagnosis, No “Damages”: Wisconsin’s Construction Statute of Repose in Asbestos Cases
If You Post It, Your Opponent Can Probably Discover It
Dick Bennett | Cozen O’Connor’s Property Insurance Law Observer | January 26, 2015 In March we ran a post on how important videos, photographs, and statements on social media sites can be when investigating a property loss. A picture is literally worth a thousand words. Earlier this month, a Florida court explained that such material is… Continue reading If You Post It, Your Opponent Can Probably Discover It
Oregon Appellate Case Limits Duty to Defend in Construction Contracts
Daniel J. Nichols | Gordon & Rees LLP | February 2, 2015 In Sunset Presbyterian Church v. Anderson Constr. Co., 268 Or. App. 309 (Dec. 31, 2014), the Oregon Court of Appeals curtailed the damages available from a breach of a duty to defend obligation in an Oregon construction contract. The court affirmed a trial… Continue reading Oregon Appellate Case Limits Duty to Defend in Construction Contracts