Tred R. Eyerly | Insurance Law Hawaii Although the court was incredulous that the parties were disputing the possession of a gate opener allegedly damaged in a lightning strike, it granted the insured’s motion for partial summary judgment finding the insurer had converted the gate opener. Privratsky v. Liberty Mut. Fire Ins Co.,… Continue reading Court Grants Partial Summary Judgment on Conversion Claim Against Insurer
Month: February 2023
A Few Construction Related Bills to Keep an Eye On in 2023
Christopher G. Hill | Construction Law Musings The annual General Assembly session is now well underway here in the Commonwealth of Virginia. As is always the case, those in our fine state legislature have introduced with varying success a few construction-related bills. This post will list just a few without comment, and a big one… Continue reading A Few Construction Related Bills to Keep an Eye On in 2023
Construction Litigation Roundup
Daniel Lund III | Phelps Dunbar Fluid dynamics? A surety completed a handful of publicly-bid projects in Texas and sought recovery of the contract balances from the projects’ private developers. The developers asserted as affirmative defenses clauses within the general contracts which provided for liquidated damages for late completion. If recognized, the LDs would eliminate… Continue reading Construction Litigation Roundup
Maintenance Contractor Could Not File Mechanics Lien Because Work Was Not Permanent Improvement
Eugene Goldberg | Gallet Dreyer & Berkey In 2014, an elevator contractor contracted to service, maintain and repair the elevator for a 7-story, 21-unit East Village residential building. The contractor received a monthly sum for being on call, plus additional sums if services were provided. In 2021, the building terminated the contract. The contractor filed… Continue reading Maintenance Contractor Could Not File Mechanics Lien Because Work Was Not Permanent Improvement
Flood and Water Damage: Which Insurance Policy Do You Turn To?
Emanuel Enes | Woodruff Sawyer The new year brought a series of ferocious storms that ravaged the California coast for weeks. By mid-January, this so-called “atmospheric river” caused at least eight million Californians to be under flood watch as wind and rain pummeled the state. According to the California Geological Survey, more than 400 landslides occurred from… Continue reading Flood and Water Damage: Which Insurance Policy Do You Turn To?