Tred R. Eyerly | Insurance Law Hawaii The court found that even if the insured’s negligent misrepresentations constituted an accident, the disclosures did not cause physical damage to the property. Wood v. USAA Cas. Ins. Co., 2024 U.S. Dist. LEXIS 180624 (D. S.C. Sept. 12, 2024). The insured, Clinton Wood, purchased a… Continue reading Alleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property Damage
Category: Insurance
Homeowners Did Not Substantially Meet Policy’s Condition Precedent to Recover Replacement Cost Value
Victoria Johnson | Zelle Property Insurance/Replacement Cost Homeowners Did Not Substantially Meet Policy’s Condition Precedent to Recover Replacement Cost Value Insurer Did Not Waive Conditions Henderson v. State Farm Fire and Casualty Co., 113 F.4th 1042 (8th Cir. 2024) Case at a Glance Insured homeowners (“Homeowners”) filed suit against State Farm for breach of contract… Continue reading Homeowners Did Not Substantially Meet Policy’s Condition Precedent to Recover Replacement Cost Value
BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute
David McLain | Higgins, Hopkins, McLain & Roswell In the recent case of BKV Barnett, LLC v. Electric Drilling Technologies, LLC, the United States District Court for the District of Colorado dealt with significant legal issues concerning indemnification and insurance obligations in construction agreements. The ruling, handed down on September 26, 2024, serves as a crucial… Continue reading BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute
Construction Professionals Could Face More Liability Exposure Following California Appellate Ruling
Jamison Rayfield and Brian Slome | Lewis Brisbois The California Court of Appeal recently reversed a summary judgment ruling in favor of a geotechnical engineering firm that had conducted a brief inspection of a residential construction project’s footing trench for $360. The case arose when homeowner Cheryl Lynch experienced significant property damage after her home’s foundation failed… Continue reading Construction Professionals Could Face More Liability Exposure Following California Appellate Ruling
Weathering the Storm—Part 2: Understanding Liquidated and Consequential Damages in Construction Contracts
Patrick Kelly and Reynolds Sands | Gray Reed In the wake of increasingly frequent natural disasters, construction insurance has become more critical than ever. While many stakeholders view insurance as just another project cost, it is actually your first line of defense against catastrophic losses from wildfires, tornados, or hurricanes. Understanding your insurance options and… Continue reading Weathering the Storm—Part 2: Understanding Liquidated and Consequential Damages in Construction Contracts