Katelyn Carson and John Mark Goodman | BuildSmart We all have legal duties. Some arise from contracts that we choose to enter. Others are spelled out in statutes or regulations. Still others are imposed by the common law. One of the most basic common law duties is the duty to exercise reasonable care to avoid… Continue reading Call Before You Dig: Company Faces Tort Claims for Not Calling First
Tag: Duty of Reasonable Care
Expert Witness Analysis: Reasonable Care and Causation in Frozen Pipe Claims
Advise & Consult, Inc. Based on my review of the facts, policy language, and the court’s analysis in Hill v. Farmers Property & Casualty Insurance Co., [1] this matter provides a clear illustration of how courts evaluate “reasonable care to maintain heat” provisions and ensuing loss arguments in frozen pipe claims arising from extreme winter conditions.… Continue reading Expert Witness Analysis: Reasonable Care and Causation in Frozen Pipe Claims
What Is Reasonable Care for Maintaining Heat in an Unoccupied Home?
Ashley Eldridge and Paul Ferland | Property Insurance Law Observer The New York Supreme Court recently weighed in on what constitutes “reasonable care” to maintain heat in the context of a first-party insurance policy exclusion requiring such reasonable care. In Michael Zimmerman v. Leatherstocking Cooperative Insurance Company, CV-23-0362, 2024 NY Slip Op 02113 (April 18, 2024),… Continue reading What Is Reasonable Care for Maintaining Heat in an Unoccupied Home?
Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case
Michael Ciamaichelo | White and Williams LLP | June 11, 2019 Property owners owe a duty of reasonable care to avoid causing harm to neighboring properties. When a property owner knows or should know about a condition that poses a risk of danger to neighboring properties, the property owner must exercise reasonable care to make… Continue reading Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case