Stephen M. Tye and Lawrence S. Zucker II | Haight Brown & Bonesteel | January 16, 2019 In Orange County Water District v. The Arnold Engineering Company (D070763), the Fourth Appellate District examined the criteria for evaluating the reasonableness of a parties’ denial of requests for admission (RFA’s) based upon their expert’s opinions and the proof required… Continue reading Reasonableness of Denial of Requests for Admission Based Upon Expert’s Opinions Depends On Factors Within Party’s Understanding
Month: March 2019
Construction Law Practice Tip: Determining the Scope of a Subrogation Waiver
Pierre Grosdidier | Haynes and Boone LLP | February 27, 2019 In Exxon Mobil Corp. v. Insurance Company of the State of Pennsylvania, the Texas Supreme Court opined once again on the issue of the extent to which an insurance provision incorporates the terms of an extrinsic contract.[1] The insurance provision in this case was a… Continue reading Construction Law Practice Tip: Determining the Scope of a Subrogation Waiver
Tenth Circuit: That “Particular Part” Deemed Ambiguous
Nadia A. Buraighis | Cozen O’Connor | February 25, 2019 On January 25, 2019, the U.S. Court of Appeals for the Tenth Circuit, applying Oklahoma law, held that the phrase “that particular part” is ambiguous and may refer to either the distinct component upon which an insured works or to all parts ultimately impacted by… Continue reading Tenth Circuit: That “Particular Part” Deemed Ambiguous
Wisconsin Follows “Cause Theory” in Determining Number of Occurrences
Andrew W. Miller | Brouse McDowell | March 1, 2019 In Secura Insurance v. Lyme St. Croix Forest Company, LLC, No. 2016AP299 (Oct. 30, 2018), the Wisconsin Supreme Court determined the number of occurrences arising from a large forest fire that took place in May of 2013. The fire in question allegedly began in a piece… Continue reading Wisconsin Follows “Cause Theory” in Determining Number of Occurrences
Illinois Supreme Court Limits Reach of Implied Warranty Claims Against Contractors
Thomas G. Cronin | Gordon Rees Scully Mansukhani | February 25, 2019 In a recent decision, the Illinois Supreme Court held that a purchaser of a newly constructed home could not assert a claim for breach of the implied warranty of habitability against a subcontractor where the subcontractor had no contractual relationship with the purchaser. Sienna… Continue reading Illinois Supreme Court Limits Reach of Implied Warranty Claims Against Contractors