David G. Thomas and Angela C. Bunnell | GreenbergTraurig In Diprio v. Ground Up Constr., Inc., the Massachusetts Appeals Court considered the appropriateness of an award of attorneys’ fees to pro se litigants—homeowners who sued a contractor for violating a Massachusetts Home Improvement Contractor Statute (HICS)—and the proper measure of damages under 93A, Section 9. At… Continue reading Calculating Chapter 93A Damages: Takeaways from Diprio v. Ground Up Construction, Inc.
Category: Property Damage
No Coverage for Faulty Installation of Windows
Tred R. Eyerly | Insurance Law Hawaii The federal district court granted summary judgment to the insurer, agreeing there was no “occurrence” nor “property damage” resulting from the faulty installation of windows. Employers Mut. Casualty Co. v. Knipp Equipment Inc., 2025 U.S. Dis. 24400 (D. Kan. Feb. 11, 2025). Edwards County and… Continue reading No Coverage for Faulty Installation of Windows
California Clarifies Basis for Inverse Condemnation Claims
Lian Skaf | White and Williams Inverse condemnation is a legal theory that is not common in the subrogation industry. However, when dealing with a loss where property damage is the result of action by a public entity, it is a claim that may be available. While there are distinct considerations with raising an inverse… Continue reading California Clarifies Basis for Inverse Condemnation Claims
Replacement Cost Insurance Coverage in Turbulent Times
Charles P. Edwards | Barnes & Thornburg After the wildfires in Los Angeles, extreme weather events throughout the United States, and recently enacted tariffs, it seemed like a good time to revisit the calculation of replacement cost under policies insuring against loss or damage to property. The concept of replacement cost — sometimes referred to… Continue reading Replacement Cost Insurance Coverage in Turbulent Times
Seventh Circuit Finds Allegations of Occurrence and Property Damage Require a Defense
Tred R. Eyerly | Insurance Law Hawaii The Seventh Circuit reversed the district court’s finding that the insured architecture firm was not entitled to a defense. Cornice & Rose International, LLC v. Acuity, 2024 U.S. App. LEXIS 29925 (7th Cir. Nov. 25, 2024). Cornice, an architectural firm, oversaw the construction of a… Continue reading Seventh Circuit Finds Allegations of Occurrence and Property Damage Require a Defense