Marianne Bradley and Anthony Miscioscia |White and Williams On December 31, 2019, the First District Illinois Appellate Court issued its decision in Owners Insurance Company v. Precision Painting & Decorating Corporation, clarifying what does and does not constitute “property damage” caused by an “occurrence” in the construction defect context. 2019 IL App. (1st) 190926-U, 2019 Ill.… Continue reading Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context
Category: Property Damage
Ways of Evaluating Property Damage Claims in Various Contexts
Bremer Whyte Brown and O’Meara Potential damages in a lawsuit may come in many forms depending on the facts of the case. Common damages include medical expenses, loss of earnings, property loss, physical pain, and mental suffering. Of the many damages Plaintiffs may claim, one of the most prevalent and recognizable is property damage. This… Continue reading Ways of Evaluating Property Damage Claims in Various Contexts
Tennessee Looks to Define Improvements to Real Property
Lian Skaf | The Subrogation Strategist For subrogation practitioners dealing with an installation-based statute of repose, knowing what is an improvement to real property is the first battle in what can, but does not have to be, a long fight. Like many other states, Tennessee’s statute of repose bars claims based on improvements to real… Continue reading Tennessee Looks to Define Improvements to Real Property
Not All Damages Are Created Equal – the Proper Application of the Economic Loss Doctrine
Rahul Gogineni | The Subrogation Strategist In William Lansing v. Doe, 2019 Ore. App. LEXIS 1564, the Court of Appeals of Oregon considered whether the Economic Loss Doctrine (ELD) applied to the plaintiff’s claims based on purportedly faulty construction work in a home. In determining that damage to persons or property is not a purely economic loss… Continue reading Not All Damages Are Created Equal – the Proper Application of the Economic Loss Doctrine
Spoliation: A Non-Party’s Potential Duty to Preserve Evidence
Kyle Staggs | Property Insurance Coverage Law Blog | December 2, 2019 It is not uncommon in a condominium complex for a unit to be damaged due to a failure in a neighboring unit. With units tightly packed together, water can quickly flow from one unit to another, causing damage along the way. Determining the… Continue reading Spoliation: A Non-Party’s Potential Duty to Preserve Evidence