Ways of Evaluating Property Damage Claims in Various Contexts

Bremer Whyte Brown and O’Meara Potential damages in a lawsuit may come in many forms depending on the facts of the case. Common damages include medical expenses, loss of earnings, property loss, physical pain, and mental suffering. Of the many damages Plaintiffs may claim, one of the most prevalent and recognizable is property damage. This… Continue reading Ways of Evaluating Property Damage Claims in Various Contexts

Contractor Entitled to Defense for Alleged Faulty Workmanship of Subcontractor

Tred R. Eyerly | Insurance Law Hawaii     Applying Nevada law, the Federal District Court in Florida found that the general contractor was entitled to a defense of claims based upon alleged faulty workmanship of a subcontractor. KB Home Jacksonville LLC v. Liberty Mutual Fire Ins. Co, 2019 U.S. Dist. LEXIS 151235 (M.D. Fla. Sept… Continue reading Contractor Entitled to Defense for Alleged Faulty Workmanship of Subcontractor

Connecticut Answers Critical Questions Regarding Scope of Collapse Coverage in Homeowners Policies in Insurers’ Favor

Traub Lieberman Nationwide, homeowners’ insurers routinely face foundation wall collapse claims. But in Connecticut, where at least 30,000 homes are believed to have been constructed in the 1980s and 1990s with defective concrete, the scope of homeowners insurance for collapse claims has been a closely watched issue. In Jemiola v. Hartford Casualty Insurance Co., 2019 WL… Continue reading Connecticut Answers Critical Questions Regarding Scope of Collapse Coverage in Homeowners Policies in Insurers’ Favor

Colorado Legislature Proposes Bill To Extend Time For Filing Construction Defect Claims

Mary Sue Greenleaf and John Mill | Sherman & Howard On Monday, January 27, Democratic Senator Robert Rodriguez introduced Senate Bill 20-138, A Bill for an Act Concerning Increased Consumer Protection for Homeowners Seeking Relief for Construction Defects. If passed, the bill could dramatically change the landscape of construction defect litigation in Colorado by extending… Continue reading Colorado Legislature Proposes Bill To Extend Time For Filing Construction Defect Claims

Insurer Granted Summary Judgment on Denial of Construction Defect Claim

Tred R. Eyerly | Insurance Law Hawaii     The court granted the insurer’s motion for summary judgment, confirming there was no duty to defend or indemnify a construction defect claim against the insured. Fontaine Bros. v. Acadia Ins. Co., 2019 U.S. Dist. LEXIS 148056 (D. Mass. Aug. 29, 2019).      The City of Worcester… Continue reading Insurer Granted Summary Judgment on Denial of Construction Defect Claim