Brian Margolies – February 12, 2013 In its recent decision in Lukes v. Mid-Continent Cas. Co., 2013 U.S. Dist. LEXIS 17979 (D. Mont. Feb. 11, 2013), the United States District Court for the District of Montana had occasion to consider the application of the business risk exclusions, in particular exclusions j(5) and (6), to allegations… Continue reading Montana Court Addresses Business Risk Exclusions
Tag: construction defects
Update on Coverage for Colorado Construction Defects – TCD & Colorado Pool
Christopher R. Mosley, Katherine Dawson Varholak, Jerome H. Sturhahn, Brooke Yates and Melissa Kerin Reagan – February 25, 2013 Over the past few years, we have monitored the efforts of some in the insurance industry to deny coverage for construction defect claims brought by construction professionals. These insurers’ assault on construction professionals began with the… Continue reading Update on Coverage for Colorado Construction Defects – TCD & Colorado Pool
Arbitrating Construction Defect Claims
Wally Zimolong – February 18, 2013 The headline of a recent article on Lexology grabbed my attention: “How to Guarantee the HOA Can’t Litigate the Condo Construction Defect Claims.” The authors’ means to preventing litigation of construction defect claims was even more intriguing: arbitration clauses. How can arbitration clauses guarantee that no ligation over construction defect… Continue reading Arbitrating Construction Defect Claims
Bill Introduced to Alter State’s Construction Defect Law
The Record-Courier – February 18, 2013 A report released last week shows that construction defect claims per new home in Nevada is 38 times higher than the national average. There are 1.35 construction defect claims per closing, according to the study conducted by the University of Nevada, Las Vegas. Out of all the other states,… Continue reading Bill Introduced to Alter State’s Construction Defect Law
Construction Defect Litigation: The Defenses
Wally Zimolong – February 4, 2013 Last week, I gave an overview of the claims typically raised in a construction defect case. This week we look at the defenses that a defendant in a construction defect case can raise. Typically, there are three categories of defenses a defendant in a construction defect case may be… Continue reading Construction Defect Litigation: The Defenses