Tred R. Eyerly | Insurance Law Hawaii | March 19, 2018 The Florida District Court reversed erroneous jury instructions that adopted the efficient proximate cause doctrine in determining whether the insurer was responsible for the insureds’ collapsed roof. Jones v. Federated National Ins. Co., 2018 Fla. App. LEXIS 561 (Fla. Ct. App. Jan. 17, 2018). The… Continue reading Jury Instruction That Fails to Utilize Concurrent Cause for Property Loss is Erroneous
Tag: Advise & Consult
Negligence Against a Construction Manager-Agent
David Adelstein | Florida Construction Legal Updates | March 9, 2018 Can a construction manager-agent / owner’s representative hired directly by the owner be liable to the general contractor in negligence? An argument likely posited by many general contractors on projects gone awry where there is a separate construction manager. Well, here is an interesting case out of… Continue reading Negligence Against a Construction Manager-Agent
Insurer’s Motion to Dismiss Complaint for Collapse Coverage Fails
Tred R. Eyerly | Insurance Law Hawaii | March 7, 2018 The insurer’s motion for summary judgment seeking dismissal of the insured’s claim for collapse coverage was rejected by the Supreme Court of New York. Parauda v. Encompass Ins. Co. of Am., 2018 N.Y. Misc. LEXIS 269 (N.Y. Sup. Ct. Jan. 25, 2018). The insureds submitted… Continue reading Insurer’s Motion to Dismiss Complaint for Collapse Coverage Fails
CA Supreme Court Set to Rule on Important Occurrence Issue Certified by Ninth Circuit
William S. Bennett | Saxe Doernberger & Vita PC | March 9, 2018 The California Supreme Court recently heard oral arguments over whether an insurer is required to cover allegations that a builder negligently failed to supervise an employee who sexually assaulted a middle school student while working at the student’s school. The question was… Continue reading CA Supreme Court Set to Rule on Important Occurrence Issue Certified by Ninth Circuit
Federal Circuit Affirms Absence of Differing Site Condition But Remands for Delay Claim
Katherine E. Kohm | The Dispute Resolver | March 23, 2018 The case Meridian Eng’g Co. v. United States, No. 2017-1584, 2018 WL 1386147, at *10 (Fed. Cir. Mar. 20, 2018) concerned a dispute between the federal government and a contractor related to the construction of flood control structures and the relocation of a sewer line in Chula Vista near San Diego, California. After… Continue reading Federal Circuit Affirms Absence of Differing Site Condition But Remands for Delay Claim