John Cooper | Jones Day | December 28, 2015 Imagine if, when a dispute involving defective design or defective construction first arose, it could be dealt with in a safe environment so that the defects could be remedied and the possible impacts of them limited, reduced or avoided? There is no reason why this… Continue reading How to Contain Construction Disputes
Tag: Defective Design
“Consumer Expectations” Test In Design Defect Products Liability Case
Eugene Polyak | Smith Currie & Hancock | December 24, 2015 In Aubin v. Union Carbide Corp., 40 Fla. L. Weekly S596 (Fla. Oct. 29, 2015), the Florida Supreme Court recently resolved an important conflict between Florida’s intermediate appellate courts with respect to the test used in adjudicating design-defect claims in product liability cases. While working… Continue reading “Consumer Expectations” Test In Design Defect Products Liability Case
Sixth Circuit: A Michigan Collapse Extension Overrides Exclusions for Cracking and Defective Design
Dick Bennett | Cozen O’Connor’s Property Insurance Law Observer | July 15, 2015 In Joy Tabernacle — The New Testament Church v. State Farm Fire & Cas. Co., 2015 WL 3824733, 2015 U.S. App. LEXIS 10707 (6th Cir., Jun. 22, 2015), a unanimous panel of the federal Court of Appeals recently held that a collapse extension… Continue reading Sixth Circuit: A Michigan Collapse Extension Overrides Exclusions for Cracking and Defective Design
Missouri Court Clarifies what Constitutes an Ensuing Loss
Richard C. Bennett | Cozen O’Connor | June 9, 2015 Last week in Performance Arts Cmty. Improvement Dist. v. ACE Amer. Ins. Co., 2015 WL 3491292, 2015 U.S. Dist. LEXIS 71592 (W.D. Mo., June 3, 2015), a federal court in Missouri shot down an insured’s arguments that a wall collapse caused by the excluded peril… Continue reading Missouri Court Clarifies what Constitutes an Ensuing Loss
Missouri Court Clarifies What Constitutes An Ensuing Loss
Dick Bennett | Cozen O’Connor’s Property Insurance Law Observer | June 9, 2015 Last week in Performance Arts Cmty. Improvement Dist. v. ACE Amer. Ins. Co., 2015 WL 3491292, 2015 U.S. Dist. LEXIS 71592 (W.D. Mo., June 3, 2015), a federal court in Missouri shot down an insured’s arguments that a wall collapse caused by the… Continue reading Missouri Court Clarifies What Constitutes An Ensuing Loss