Wiley Rein – May 23, 2013 Applying Nevada law, a federal district court held that an insurer has no duty to defend or indemnify claims alleging damage from design defects in houses constructed by the insureds due to the policy’s professional services exclusion. St. Paul Fire & Marine Ins. Co. v. Del Webb Communities, Inc.,… Continue reading Professional Services Exclusion Precludes Coverage For Design Defect Claims
Category: Construction
Appraisal and Bad Faith in New Jersey
Robert Trautmann – June 2, 2013 Many know that I previously worked for a major national insurer in their staff counsel office. Now, I am fortunate to practice law at the Merlin Law Group. One of the best parts about practicing law in this environment is that I am surrounded by the best minds in… Continue reading Appraisal and Bad Faith in New Jersey
Alabama Supreme Court Affirms Summary Judgment In Favor Of Insurer Where Policyholders Cannot Demonstrate That Faulty Workmanship Claims Constitute Occurrences Under Policy
Hillary Coombs Jarvis and Jill C. Maguire – May 28, 2013 In Shane Traylor Cabinetmaker, L.L.C. et al. v. American Resources Insurance Co., No. 1110418, 2013 Ala. LEXIS 42 (Ala. May 3, 2013), the Alabama Supreme Court affirmed summary judgment in favor of insurer American Resources because its policyholders did not establish that faulty workmanship… Continue reading Alabama Supreme Court Affirms Summary Judgment In Favor Of Insurer Where Policyholders Cannot Demonstrate That Faulty Workmanship Claims Constitute Occurrences Under Policy
Understanding Florida’s Mechanic’s Lien Laws: What Constitutes An Improvement To Property?
Jason Cornell – May 23, 2013 Florida Statutes chapter 713, commonly referred to as Florida’s mechanic’s lien statute, or “construction lien law,” is intended “to protect those who have provided labor and materials for the improvement of real property.” Parc Central Aventura East Condominium v. Victoria Group Services, LLC, et al., 54 So.ed 532, 533… Continue reading Understanding Florida’s Mechanic’s Lien Laws: What Constitutes An Improvement To Property?
Recent Tennessee Legislation Affecting the Construction Industry
May 20, 2013 Earlier this year, the 108th General Assembly of Tennessee passed several bills of interest to owners, contractors, subcontractors, architects and others in the construction industry. This summarizes some of the notable bills. Underlicensed Contractors/No Lien Rights/Attachment of Mechanics’ Liens A bill clarifies that it is unlawful for any person to bid on… Continue reading Recent Tennessee Legislation Affecting the Construction Industry