Garret Murai | California Construction Law Blog | March 21, 2018 We’ve written before about the Privette doctrine, which generally holds that a higher-tiered party is not liable for injuries sustained by employees of a lower-tiered party under the peculiar risk doctrine, here, here, here and here. We’ve also talked about some of the exceptions to the Privette doctrine, including the non-delegable duty doctrine and the negligent… Continue reading In a Win for Property Owners California Court Expands and Clarifies Privette Doctrine
Patrick Aul | Property Insurance Law Observer | March 22, 2018 This is a question the Colorado Supreme Court is set to resolve after recently granting Owners Insurance Company’s petition for writ of certiorari in Owners Insurance Company v. Dakota Station II Condominium Association, Inc., 2018 WL 948601 (Col. Feb. 20, 2018). The Colorado Court of… Continue reading Can Insurance Appraisers Favor and Advocate For The Party That Selected Them?
Tred R. Eyerly | Insurance Law Hawaii | March 19, 2018 The Florida District Court reversed erroneous jury instructions that adopted the efficient proximate cause doctrine in determining whether the insurer was responsible for the insureds’ collapsed roof. Jones v. Federated National Ins. Co., 2018 Fla. App. LEXIS 561 (Fla. Ct. App. Jan. 17, 2018). The… Continue reading Jury Instruction That Fails to Utilize Concurrent Cause for Property Loss is Erroneous
David Adelstein | Florida Construction Legal Updates | March 9, 2018 Can a construction manager-agent / owner’s representative hired directly by the owner be liable to the general contractor in negligence? An argument likely posited by many general contractors on projects gone awry where there is a separate construction manager. Well, here is an interesting case out of… Continue reading Negligence Against a Construction Manager-Agent
Tred R. Eyerly | Insurance Law Hawaii | March 7, 2018 The insurer’s motion for summary judgment seeking dismissal of the insured’s claim for collapse coverage was rejected by the Supreme Court of New York. Parauda v. Encompass Ins. Co. of Am., 2018 N.Y. Misc. LEXIS 269 (N.Y. Sup. Ct. Jan. 25, 2018). The insureds submitted… Continue reading Insurer’s Motion to Dismiss Complaint for Collapse Coverage Fails