Litigating Tile Roof Claims

Sarah Burke and D. Grayson | Butler Weihmuller Katz Craig Hurricane Irma’s landfall in Florida produced an avalanche of property insurance claims throughout the state, the majority of which involved reported damage to roofs.  Though many of these claims were legitimate, enterprising public adjusters, contractors, and other policyholder advocates presented claims for wind-damaged roofs when,… Continue reading Litigating Tile Roof Claims

Violation of Prompt Payment Statutes is Not a Breach of Contract. But That’s Not the Most Interesting Part

Garret Murai | California Construction Law Blog While construction projects can get messy, they don’t get much messier than the next case, which, while involving a fairly limited legal issue, has such jaw dropping facts it’s worth a read if only to make you feel a bit better about your own project. The Clark Bros.… Continue reading Violation of Prompt Payment Statutes is Not a Breach of Contract. But That’s Not the Most Interesting Part

Significant Ruling in PFAS Litigation Could Impact Insurance Coverage

Sara C. Tilitz and Lynndon K. Groff | White and Williams Per-and poly-fluoroalkyl substances, commonly known as PFAS, have served as a key component in numerous industrial and consumer products for decades. These “forever chemicals,” which have been associated with environmental contamination and adverse health outcomes, have garnered steadily-growing attention from regulatory authorities, the plaintiffs’… Continue reading Significant Ruling in PFAS Litigation Could Impact Insurance Coverage

No Duty to Defend Under Homeowner’s Policy Where No Occurrence, No Property Damage

Tred R. Eyerly | Insurance Law Hawaii     The federal district court for the district of Hawaii granted the insurer’s motion for summary judgment determining there was not duty to defend and no duty to indemnify the insured under a homeowner’s policy. Allstate Ins. Co. v. Rosfeld, 2022 U.S. Dist. LEXIS 139123 (D. Haw. Aug.… Continue reading No Duty to Defend Under Homeowner’s Policy Where No Occurrence, No Property Damage

Professional Services and Contract Exclusions Do Not Bar Coverage for Settlement of False Claims Act Investigation

William Besl, Jr. | Wiley Rein The Delaware Superior Court has held that a professional services exclusion and a contract exclusion in a D&O policy do not bar coverage for a False Claims Act settlement. Guaranteed Rate, Inc. v. ACE Am. Ins. Co., 2022 WL 4088596 (Del. Super. Ct. Aug. 24, 2022). The court also held… Continue reading Professional Services and Contract Exclusions Do Not Bar Coverage for Settlement of False Claims Act Investigation