Christopher B. Freeman and Amanda D. Proctor | Carlton Fields | December 14, 2018 Although frequently distinguished, an insurance policy is a contract like any other. It is a written agreement between parties that expressly sets forth the parameters of their relationship, including the consideration to be paid, the risks to be borne, and the… Continue reading Negligent Bad Faith? Limiting Insurance Bad Faith To Its Roots
Tag: Advise & Consult
Illinois Supreme Court Holds That the Implied Warranty of Habitability Does Not Extend to Subcontractors
Michael J. Ciamaichelo | The Subrogation Strategist | January 17, 2019 The implied warranty of habitability allows a homeowner to recover damages for latent defects that interfere with the intended use of a home. In Sienna Court Condo. Ass’n v. Champion Aluminum Corp., 2018 IL 122022, 2018 Ill. LEXIS 1244 (2018), the Supreme Court of Illinois… Continue reading Illinois Supreme Court Holds That the Implied Warranty of Habitability Does Not Extend to Subcontractors
Zoning Boards Are Not Free to Disregard Prior Rulings Where Property Conditions Remain Unchanged
Carl A. Rizzo and Christopher P. Massaro | Cole Schotz | January 17, 2019 In a recent unpublished decision, the Appellate Division again confirmed that a zoning board may not reverse course without justification once it has made findings regarding a specific property. In Oster v. Zoning Board of Adjustment of the Township of Middletown (Docket No.… Continue reading Zoning Boards Are Not Free to Disregard Prior Rulings Where Property Conditions Remain Unchanged
Massachusetts Federal Court Holds No Coverage for Mold and Water Damage Claim
Brian Margolies | TLSS Insurance Law Blog | January 15, 2019 In its recent decision in Clarendon National Ins. Co. v. Philadelphia Indemnity Ins. Co., 2019 WL 134614 (D. Mass. Jan. 8, 2019), the United States District Court for the District of Massachusetts had occasion to consider the application of a prior knowledge provision in the… Continue reading Massachusetts Federal Court Holds No Coverage for Mold and Water Damage Claim
Can They Do That? Commonly Misused Phrases in Pleadings and Discovery
Nicholas Bauman and Lindsey Herzog | Arizona Attorney | November 2018 1 “The document speaks for itself” One commonly used phrase in answers and discovery responses is that a document “speaks for itself.” Many defense lawyers use this phrase to avoid conceding issues related to the interpretation of a writing, such as a contract. This… Continue reading Can They Do That? Commonly Misused Phrases in Pleadings and Discovery