John Moore | Daily Business Review | August 23, 2016 In 2003, the Florida Legislature, with the stated goals of reducing the amount of construction-defect litigation and protecting the rights of property owners, created a mandatory pre-litigation alternative dispute resolution proceeding by enacting Chapter 558 of the Florida statutes. Pursuant to Chapter 558, before a… Continue reading Without Insurance Coverage, What Good Is Construction Defect Law?
Month: August 2016
The Neglect Exclusion Does Not Apply to Pre-Loss Neglect
Edward Eshoo | Property Insurance Coverage Law Blog | August 29, 2016 Homeowner and commercial property insurance policies typically exclude loss or damage caused by or resulting from neglect.1 Under the ISO Homeowners 3-Special Form,2 neglect means “neglect of an ‘insured’ to use all reasonable means to save and preserve property at and after the… Continue reading The Neglect Exclusion Does Not Apply to Pre-Loss Neglect
Court Holds Damages Consequential to Subcontractors Faulty Workmanship is an “Occurrence” and “Property Damage” Under Plain Language of Standard Form Commercial General Liability Policy
Nicole Levine | Property Insurance Coverage Law Blog | August 24, 2016 New Jersey has joined a growing number of jurisdictions in ruling that damages from a subcontractor’s faulty workmanship may trigger coverage under a Developer/General Contractor’s Commercial General Liability (“CGL”) policy. On August 4, 2016, the New Jersey Supreme Court rendered a unanimous decision… Continue reading Court Holds Damages Consequential to Subcontractors Faulty Workmanship is an “Occurrence” and “Property Damage” Under Plain Language of Standard Form Commercial General Liability Policy
Two Bites at the Apple: The Potential Impact of Lexington Ins. Co. v. DunnWell, LLC on Orders Declining to Find a Duty to Defend
Matthew K. Grashoff | Brouse McDowell | August 24, 2016 Experienced insurance-coverage attorneys and brokers know that in many cases the biggest expense to the insured is not the repayment of whatever damages are alleged by the plaintiff, but rather the insured’s own defense costs. Therefore, one of the main objectives of coverage litigation is… Continue reading Two Bites at the Apple: The Potential Impact of Lexington Ins. Co. v. DunnWell, LLC on Orders Declining to Find a Duty to Defend
Third Party Claimant Denied Action for Bad Faith without Valid Assignment Against Insurer
Karen Dicke | Lewis Brisbois Case: Johno v. Doe Louisiana Fourth Circuit Court of Appeal 2015-0737 (La. App. 4 Cir. 03/09/16) Plaintiff Dana Johno sued the Plaquemines Parish Government, its contractor Leon Duplessis & Sons, Inc. and its subcontractors HardRock Construction and Pro Tree Services, for demolishing his rental home, damaged during Hurricane Katrina, without… Continue reading Third Party Claimant Denied Action for Bad Faith without Valid Assignment Against Insurer