Garret Murai | California Construction Law Blog | October 19, 2017 The history of asbestos regulation in the United States is complicated. Prior to the 1970s, asbestos-containing materials used in construction was widespread. In 1971, when the U.S. Environmental Protection Agency issued an emissions standard for asbestos as part of the Clean Air Act. In… Continue reading Construction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members
Category: Personal Injury
Privity and Additional Insured Coverage
Larry P. Schiffer and Suman Chakraborty | Squire Patton Boggs | October 5, 2017 When a worker is injured on a construction job and sues the relevant parties, a side battle often ensues over which carrier has the duty to defend and indemnify the owner, general contractor or subcontractor based on the language in the… Continue reading Privity and Additional Insured Coverage
How Utah Evaluates a Worker’s Entitlement to PTD Benefits
Ryan B. Frazier | Kirton McConkie | August 28, 2017 Have you ever thought about how the word “limit” defines our perceptions of and interactions with the world around us? The concept of a “limit” engenders thoughts of a boundary, an edge, or an end. When we say something is limited, we are suggesting that… Continue reading How Utah Evaluates a Worker’s Entitlement to PTD Benefits
Even When You Win, You Lose: Subcontractor’s Indemnity Obligation Enforced Despite Being Absolved of Liability at Trial
Scott Murphy | Barnes & Thornburg | July 25, 2017 In Provenzino v Macomb County, 2017 WL 104544 (Mich. App. 2017), the Michigan Court of Appeals reversed the trial court’s decision to dismiss a general contractor’s claim for indemnity where the plaintiff’s allegations arose “in any way” from the subcontractor’s work. The appeals court reasoned that the broad… Continue reading Even When You Win, You Lose: Subcontractor’s Indemnity Obligation Enforced Despite Being Absolved of Liability at Trial
Connecticut Appellate Court Addresses Trigger, Allocation, Exclusions, and Other Issues of First Impression in Coverage Litigation Over Long-Latency Asbestos Injury Cases
John C. Pitblado | PropertyCasualtyFocus | June 2, 2017 Connecticut’s intermediate appellate court addressed a number of novel issues in a wide-ranging opinion regarding primary and excess insurers’ respective duties to defend and indemnify their common insured for long-tail asbestos-related injury claims. The opinion was rendered unanimously and authored collectively by the three-judge panel of Robert… Continue reading Connecticut Appellate Court Addresses Trigger, Allocation, Exclusions, and Other Issues of First Impression in Coverage Litigation Over Long-Latency Asbestos Injury Cases