Deborah Trotter | Property Insurance Coverage Law Blog | February 1, 2019 The New York Supreme Court, Appellate Division, First Department “unanimously reversed, on the law, with costs, the motion denied and the claims reinstated,” the New York County Supreme Court trial judge’s order dated April 2, 2018, to the extent appealed from, which granted… Continue reading Consequences of a Well-Pled Complaint
Category: Property Damage
Developer’s Failure to Plead Amount of Damages in Cross-Complaint Fatal to Direct Action Against Subcontractor’s Insurers Based on Default Judgment
Christopher Kendrick and Valerie A. Moore | Haight Brown and Bonesteel LLP | January 7, 2019 In Yu v. Liberty Surplus Ins. Corp. (No. G054522, filed 12/11/18), a California appeals court held that a developer’s failure to allege the amounts of damages sought in its cross-complaint rendered default judgments against a subcontractor void and, therefore, unenforceable against… Continue reading Developer’s Failure to Plead Amount of Damages in Cross-Complaint Fatal to Direct Action Against Subcontractor’s Insurers Based on Default Judgment
Maximizing Recovery of Liquidated Damages
Jessica E. Sabbath | King & Spalding | January 9, 2019 During construction and commissioning of large-scale energy projects, every day of delay or failure to meet plant performance requirements can result in the owner incurring substantial damages. Indeed, power industry owners can incur damages such as additional financing and administrative costs, in addition to… Continue reading Maximizing Recovery of Liquidated Damages
Property Damage Is Not Necessarily Physical In Calif.
Catherine L. Doyle and Jan A. Larson | Jenner & Block LLP | December 10, 2018 In a recent decision, Thee Sombrero Inc. v. Scottsdale Insurance Company, a California appellate court ruled against insurers seeking to limit coverage for loss of use damages related to an ownership interest in tangible property. The appellate court held… Continue reading Property Damage Is Not Necessarily Physical In Calif.
California Court Finds Coverage When “Property Damage” Doesn’t Require Physical Injury By Definition
Tamara Boeck | Ahead of Schedule | November 7, 2018 Although it may seem strange at first, the recent ruling by the California Fourth Appellate District Court in Thee Sombrero, Inc. v. Scottsdale Co., (2018 EL 5292072), holding that an insurer must pay for a claim where there was no actual physical property damage, is not… Continue reading California Court Finds Coverage When “Property Damage” Doesn’t Require Physical Injury By Definition