Christina Phillips | Property Insurance Coverage Law Blog | August 20, 2017 Recently the Iowa Court of Appeals reversed the district court and upheld an approximate $1.4 million dollar appraisal award entered for the Walnut Creek Townhome Association.1 Walnut Creek’s thirty-six buildings had been damaged by a hail storm in August, 2012. Prior to that,… Continue reading Iowa Appellate Court Upholds Appraisal Award For Insured
Tag: construction defect
Claim Barred by Florida’s Construction Defect Statute of Repose? Maybe Not. Florida Court Says You Should Read the Construction Contract More Closely
Troy Vuurens | Butler Weihmuller Katz Craig | August 21, 2017 Claim professionals are often reminded that even the most meritorious claim is worthless if not filed within the applicable statute of limitations or statute of repose. In the world of construction defect claims, Florida law provides for a 10-year statute of repose. Under §… Continue reading Claim Barred by Florida’s Construction Defect Statute of Repose? Maybe Not. Florida Court Says You Should Read the Construction Contract More Closely
Construction Defect – Application of the Right to Repair Statute to Material Suppliers
Joseph M. Fenech | Low, Ball & Lynch | February 2017 The Right to Repair Statute in California requires a homeowner show a breach of contract or negligence to succeed. Acqua Vista Homeowners Association v. MWI, Inc. California Court of Appeals, Fourth Appellate District (January 26, 2017) Civil Code § 8951 et seq. (the “Act”)… Continue reading Construction Defect – Application of the Right to Repair Statute to Material Suppliers
Is it One ‘Occurrence’ or Many?
Jett Abramson | Property Casualty 360° | November 9, 2016 An emerging trend: treating each alleged defect within a single construction defect suit as a separate occurrence. Much has been written about and litigated regarding the topic of an “occurrence” as it is applied within the four walls of a commercial insurance policy. There was… Continue reading Is it One ‘Occurrence’ or Many?
Consequential Damages Flowing from Construction Defect Not Covered Under Florida Law
Tred R. Eyerly | Insurance Law Hawaii | November 16, 2016 Interpreting Florida law, the United States District Court found there was no duty to defend a contractor against construction defect claims. Evanston Ins. Co. v. Dimmucci Dev. Corp. of Ponce Inlet, Inc., 2016 U.S. Dist. LEXIS 123678 (M.D. Fla. Sept 13, 2016). The insured… Continue reading Consequential Damages Flowing from Construction Defect Not Covered Under Florida Law