Christopher Kendrick and Valerie A. Moore | Haight Brown and Bonesteel LLP | January 7, 2019 In Yu v. Liberty Surplus Ins. Corp. (No. G054522, filed 12/11/18), a California appeals court held that a developer’s failure to allege the amounts of damages sought in its cross-complaint rendered default judgments against a subcontractor void and, therefore, unenforceable against… Continue reading Developer’s Failure to Plead Amount of Damages in Cross-Complaint Fatal to Direct Action Against Subcontractor’s Insurers Based on Default Judgment
Category: Insurance Coverage
Illinois Supreme Court Holds That the Implied Warranty of Habitability Does Not Extend to Subcontractors
Michael J. Ciamaichelo | The Subrogation Strategist | January 17, 2019 The implied warranty of habitability allows a homeowner to recover damages for latent defects that interfere with the intended use of a home. In Sienna Court Condo. Ass’n v. Champion Aluminum Corp., 2018 IL 122022, 2018 Ill. LEXIS 1244 (2018), the Supreme Court of Illinois… Continue reading Illinois Supreme Court Holds That the Implied Warranty of Habitability Does Not Extend to Subcontractors
Massachusetts Federal Court Holds No Coverage for Mold and Water Damage Claim
Brian Margolies | TLSS Insurance Law Blog | January 15, 2019 In its recent decision in Clarendon National Ins. Co. v. Philadelphia Indemnity Ins. Co., 2019 WL 134614 (D. Mass. Jan. 8, 2019), the United States District Court for the District of Massachusetts had occasion to consider the application of a prior knowledge provision in the… Continue reading Massachusetts Federal Court Holds No Coverage for Mold and Water Damage Claim
Insurance Agent Versus Experienced Policyholder Attorney Viewpoints About Insurance Coverage Denials
Chip Merlin | Property Insurance Coverage Law Blog | January 13, 2019 Ed Eshoo works out of Merlin Law Group’s Chicago office and is one of the best property insurance policyholder coverage attorneys you could find. I do not think there is anybody with a national reputation as being “the expert” on the 165-line Standard Fire Insurance… Continue reading Insurance Agent Versus Experienced Policyholder Attorney Viewpoints About Insurance Coverage Denials
Another Federal Judge Dismisses Lawsuit For Crumbling Foundation, But Some Relief May Be Forthcoming
Jason Cleri | Property Insurance Coverage Law Blog | January 9, 2019 I’ve previously written about the issues insureds are facing in Connecticut regarding crumbling foundations. In a blow to insureds in Connecticut affected by crumbling foundations due to the infusion of pyrrhotite, a mineral which gradually deteriorates concrete when exposed to water and oxygen, the Federal… Continue reading Another Federal Judge Dismisses Lawsuit For Crumbling Foundation, But Some Relief May Be Forthcoming