David B. Haber, Frank Soto and Brett Silverberg | Daily Business Review | January 12, 2018 The issue of whether a 558 notice serves as a “claim” under a commercial general liability (CGL) policy, such as the one issued by Crum & Forster Specialty Ins. Co. (C&F) in Altman Contractors v. Crum & Forster Specialty Insurance, No.… Continue reading Supreme Court’s Latest Construction Defect Decision and Its Impact on Construction Insurance Claims
Category: Insurance Claims
Court Rules That Insurers Must Treat Notice of Claim for Construction Defects as a “Suit”
Mike Seemuth | The Real Deal | January 21, 2018 The Florida Supreme Court ruled on a case centering on construction of the Sapphire Condominium in Fort Lauderdale and Altman Contractors Inc. The Sapphire Condominium in Fort Lauderdale (Credit: Keller Williams Realty) The Florida Supreme Court ruled that filing notice of a claim for a… Continue reading Court Rules That Insurers Must Treat Notice of Claim for Construction Defects as a “Suit”
Subcontractor Pass-Through Claims Are Vulnerable to the Severin Doctrine
Eric Frechtel and Amy Elizabeth Garber | Bradley Arant Boult Cummings LLP | January 24, 2018 Two recent decisions – one from the U.S. Civilian Board of Contract Appeals and the other from the U.S. Court of Federal Claims – provide opposing holdings on whether the government can raise a “Severin doctrine” defense to subcontractor “pass-through”… Continue reading Subcontractor Pass-Through Claims Are Vulnerable to the Severin Doctrine
Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage
Tred R. Eyerly | Insurance Law Hawaii | December 18, 2017 The Tennessee Court of Appeals reversed the trial court’s determination that the seller’s alleged negligent misrepresentation regarding the propensity of the property to flood was covered. Erie Ins. Exh. v. Maxwell, 2017 Tenn. App. LEXIS 746 (Tenn. Ct. App. Nov. 15, 2017). The Chapmans purchased… Continue reading Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage
The Era of the Internet of Things: Can Product Liability Laws Keep Up?
Leta Gorman | International Association of Defense Counsel I. The Internet of Things Era WE ARE living in an era that some refer to as the “Internet of Things” (“IoT”), where wireless connected devices know how we work, play, shop, sleep, drive, manage our homes, and medicate. IoT is a concept that represents the network… Continue reading The Era of the Internet of Things: Can Product Liability Laws Keep Up?