Jena Emory | Morris, Manning & Martin This article will discuss policyholder concerns after a California federal court recently found that some PFAS claims in an MDL were excluded under a pollution exclusion, but others were not. The case is Nat’l Foam, Inc. v. Zurich Am. Ins. Co., No. 23-CV-03873-LB, 2025 WL 699361, at *1 (N.D.… Continue reading Are PFAS Claims Excluded Under A Pollution Exclusion? A California Court Finds It Depends.
Month: April 2025
Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims
Daniel Matusicky | Kohrman Jackson & Krantz An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose your claim against their employer. Case Overview In Badra-Muniz v. Vinyl Carpet Serv. Inc., an… Continue reading Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims
Yes, Damages for Delay: Court Permits Delay Damage Claim to Proceed
John Mark Goodman | BuildSmart A federal court in upstate New York is permitting a subcontractor’s delay claim to proceed notwithstanding a “no damages for delay” provision in the subcontract. The case, The Pike Company, Inc. v. Tri-Krete, Ltd., involves delay claims asserted by a subcontractor hired to install pre-cast concrete walls on a college dormitory project. The… Continue reading Yes, Damages for Delay: Court Permits Delay Damage Claim to Proceed
Adapting to Change: New Rules of Civil Procedure Require New Considerations for Construction Attorneys
Michael R. Holt, Erin Weinstock and Katherine Becerra | Rumberger Kirk On Jan. 1, 2025, the Florida Rules of Civil Procedure changed dramatically. The new rules and amendments are designed to enhance efficiency and impact the setting of cases for trial, case management, discovery practice, summary judgment, and more. Broadly speaking, the new rules attempt… Continue reading Adapting to Change: New Rules of Civil Procedure Require New Considerations for Construction Attorneys
Coverage for Defective Workmanship Not Restored by Ensuing Loss Provision
Paul Ferland and Joshua Tumen | Property Insurance Law Observer In Bob Robison Commercial Flooring Inc. v. RLI Insurance Company (2025 WL 852889 (8th Cir. 2025), the United States Court of Appeals for the Eighth Circuit determined that an ensuing loss provision of a builder’s risk insurance policy did not restore coverage resulting from defective workmanship where… Continue reading Coverage for Defective Workmanship Not Restored by Ensuing Loss Provision