Ashley L. Buck (Wilkinson) | Clark Hill In Pennsylvania, statutes of repose materialized in the 1960s in large part as a result of the construction industry’s concerns with respect to ongoing liability for latent defects. Pennsylvania’s Home Inspection Law provides that an action to recover monetary damages arising from a home inspection report must be… Continue reading Statutes Of Repose
Tag: Pennsylvania
In Pennsylvania, Contractors Can Be Liable to Third Parties for Obvious Defects in Completed Work
Michael DeBona | The Subrogation Strategist In Brown v. City of Oil City, No. 6 WAP 2022, 2023 Pa. LEXIS 681 (2023), the Supreme Court of Pennsylvania (Supreme Court) recently held that a contractor can be liable for dangerous conditions it creates even if the hazard is obvious or known by the property owner. In City of Oil… Continue reading In Pennsylvania, Contractors Can Be Liable to Third Parties for Obvious Defects in Completed Work
Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered By CGL Policies
Nathan A. Cazier and Scott S. Thomas | Payne & Fears The construction industry operates under the constant spectre of claims seeking damages for defective or faulty workmanship. Fortunately, the law in most states treats these claims as covered under commercial general liability (“CGL”) policies. A small minority of states take a much stingier view.… Continue reading Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered By CGL Policies
Pennsylvania Court Finds that Two Possible Causes Can Prove a Product Malfunction Theory of Liability
Gus Sara | The Subrogation Strategist In Allstate Ins. Co. v. LG Elecs. USA, Inc., No. 19-3529, 2021 U.S. Dist. LEXIS 127014, the United States District Court for the Eastern District of Pennsylvania considered whether plaintiff’s expert engineer’s opinion that there were two possible causes of a fire—both related to alleged product defects within a refrigerator… Continue reading Pennsylvania Court Finds that Two Possible Causes Can Prove a Product Malfunction Theory of Liability
Product Defect Allegations Trigger Duty To Defend in Pennsylvania
Stacy M. Manobianca | Saxe Doernberger & Vita The Third Circuit Court of Appeals recently concluded, in Nautilus Insurance Co. v. 200 Christian Street Partners, LLC., that a duty to defend is triggered when product-related allegations are pled in connection with a claim for defective construction. In Nautilus, the coverage dispute arose out of two independent underlying… Continue reading Product Defect Allegations Trigger Duty To Defend in Pennsylvania