Kenneth Childs – August 22, 2013 Over the past several years, fewer and fewer civil cases have proceeded to trial. Indeed, over the past 40 to 50 years or so, the decline has been precipitous. In 1962, 11.5 percent of federal civil cases went to trial, but by 2002 that figure had dropped to only… Continue reading Civil Trials are Disappearing in the US
Tag: construction defect
A Construction Defect Insurance Carrier Need Only Demonstrate That Another Insurance Carrier’s Policy May Potentially Cover The Claim In Order To Recover Equitable Contribution To A Settlement
Scott E. Hennigh – August 25, 2013 A California Appellate Court recently clarified the burden of proof for an insurance company seeking contribution from another insurance company in settlement of a construction defect action. When a company involved in construction is sued for allegedly causing property damage to the building or structure it built (i.e.… Continue reading A Construction Defect Insurance Carrier Need Only Demonstrate That Another Insurance Carrier’s Policy May Potentially Cover The Claim In Order To Recover Equitable Contribution To A Settlement
Construction Defect Center Now Urges Roofing Contractors Who Have A Homeowner Client Whose Roof Has The Atlas Chalet Shingle To Call Them About Possible Help
Construction Defect Center – August 6, 2013 The Construction Defect Center says, “We want to hear professional roofing contractors if they have a client whose roof has the Atlas Chalet shingle product. According to court documents, it has been alleged these roofing shingles can blister within the first year of installation, and show significant loss… Continue reading Construction Defect Center Now Urges Roofing Contractors Who Have A Homeowner Client Whose Roof Has The Atlas Chalet Shingle To Call Them About Possible Help
Limitation on Coverage for Payment of Damages Creates Ambiguity
Tred R. Eyerly – March 20, 2013 Unable to discern the meaning of a provision stating that payment of damages would be made “through a trial but not any appeal”, the court found an ambiguity. Parker v. Am. Family Ins. Co., 2013 U.S. Dist. LEXIS 9085 (D. Ore. Jan. 23, 2013). The homeowners sued the… Continue reading Limitation on Coverage for Payment of Damages Creates Ambiguity
How Minor Construction Defects Can Turn Into Major Structural Problems
These condos were built in 1980, and investigated in 2003. The nominal water intrusion took 23 years to manifest itself in the form of a minor deck surface collapse which alerted the owner to investigate. Needless to say it was well beyond the ten year statuette of limitations; this was not a restoration that was… Continue reading How Minor Construction Defects Can Turn Into Major Structural Problems