Deborah Trotter | Property Insurance Coverage Law Blog | February 1, 2019 The New York Supreme Court, Appellate Division, First Department “unanimously reversed, on the law, with costs, the motion denied and the claims reinstated,” the New York County Supreme Court trial judge’s order dated April 2, 2018, to the extent appealed from, which granted… Continue reading Consequences of a Well-Pled Complaint
Month: February 2019
An Expert’s Qualifications Are Important
David Adelstein | Florida Construction Legal Updates | December 15, 2018 An expert’s qualifications are important. Please remember this the next time you retain an expert to analyze documents or data and render an opinion based on that information. An expert must be qualified to render an opinion. Otherwise the expert will not be allowed to render the… Continue reading An Expert’s Qualifications Are Important
Deterioration Known To Insured Forecloses Collapse Coverage
Tred R. Eyerly | Insurance Law Hawaii | December 26, 2018 The insurer properly denied coverage for collapse of a building when the insured knew from an expert’s examination that the walls of his house were deteriorating. Jaimes v. Liberty Ins. Corp., 2018 U. S. Dust. LEXIS 198224 (D. Colo. Nov. 21, 2018). The… Continue reading Deterioration Known To Insured Forecloses Collapse Coverage
Ohio Supreme Court Bucks Recent Trend and Holds No Coverage for Construction Defects Under Commercial General Liability Policy
Heather Howell Wright | Bradley | December 2018 The insurance coverage analysis under a commercial general liability (“CGL”) insurance policy begins with the “insuring agreement.” The standard CGL policy provides coverage for “those sums that the insured becomes legally obligated to pay as damages because of ‘bodily injury’ or ‘property damage.’” The standard CGL policy… Continue reading Ohio Supreme Court Bucks Recent Trend and Holds No Coverage for Construction Defects Under Commercial General Liability Policy
Coyness is Nice. Just Not When Seeking a Default Judgment
Garret Murai | California Construction Law Blog | February 4, 2019 As Morrissey of the Smith’s sang: Coyness is nice, but Coyness can stop you, from saying all the things in life you’d like to. It’s not uncommon in litigation to see a complaint asking for “damages according to proof.” Call it laziness. Call it hiding the ball.… Continue reading Coyness is Nice. Just Not When Seeking a Default Judgment