Shaun Marker – February 17, 2014 New York’s highest court recently held that a policy limitation period, requiring a lawsuit to be brought within two years from the date of loss, is unreasonable and unenforceable…at least under certain circumstances.1 The case involved a loss to an office building severely damaged by fire. The policyholder had… Continue reading New York’s Highest Court Holds That A Two-Year Limitation Period Is Unenforceable In Certain Circumstances
Tag: property damage
The Right to Repair Act Does Not Apply to Cases With Actual Property Damages
Jampol Zimet LLP – November 12, 2013 The California Court of Appeals ruled this summer, in a surprising decision that has shaken the building industry, that the Right to Repair Act does not apply in cases where a home has suffered actual damages. In the case before the Court, Liberty Mutual Insurance Company v. Brookfield… Continue reading The Right to Repair Act Does Not Apply to Cases With Actual Property Damages
What Constitutes a Total Loss in Colorado?
Kenneth Kan – September 25, 2013 Colorado has been in the news for recent massive flooding that has ravaged many communities in the beautiful state. By some estimates, over 20,000 homes have been damaged or destroyed. I have clients who live in one of the flood affected areas, but thankfully they are okay and their… Continue reading What Constitutes a Total Loss in Colorado?
Georgia Supreme Court Takes an Expansive View of what Constitutes an Occurrence under CGL Policies
Walter J. Andrews, Lon A. Berk, Lawrence J. Bracken II, John C. Eichman, Robert J. Morrow and Curtis Porterfield – August 7, 2013 On July 12, 2013, the Supreme Court of Georgia confirmed in Taylor Morrison Servs., Inc. v. HDI Gerling Am. Ins. Co., No. S13Q046 (Ga. July 12, 2013), that damage to a builder’s… Continue reading Georgia Supreme Court Takes an Expansive View of what Constitutes an Occurrence under CGL Policies
South Carolina Supreme Court holds that Exclusions Preclude Coverage for Damage Caused by Defective Work
John R. Casciano and Saad Gul – August 2, 2013 In Bennett & Bennett Construction, Inc. v. Auto Owners Insurance Company, No. 27284 _ S.E.2d. _ 2013 S.C. LEXIS 170 (S.C. July 17, 2013) the Supreme Court of South Carolina, applying South Carolina law, held that that two exclusions barred coverage for a construction company’s… Continue reading South Carolina Supreme Court holds that Exclusions Preclude Coverage for Damage Caused by Defective Work