Commercial General Liability Policies; “Injury-in-fact” vs. “Manifestation” as Trigger for Coverage; “Your Work” Exception – A CGL policy’s “Your Work” exclusion precludes coverage for defective installation when no damage...more
4/15/2015
/ Appeals ,
Commercial General Liability Policies ,
Construction Defects ,
Construction Industry ,
General Contractors ,
Injury-in-Fact ,
Insurance Litigation ,
Petition for Writ of Certiorari ,
Policy Exclusions ,
Property Damage ,
Subcontractors
The fraud statute of repose does not bar fraud claims when the jury finds no evidence of the plaintiff’s reliance during the repose period, because it is the defendant’s last action or omission that triggers the fraud repose...more
4/7/2015
/ Appraisal ,
Construction Defects ,
Construction Project ,
Design Patent ,
Fraud ,
Insurance Litigation ,
Philip Morris ,
Property Damage ,
Slavin Doctrine ,
State Farm ,
Statute of Repose ,
Surviving Spouse ,
Tobacco Litigation
Sinkholes; “Structural Damage” – When undefined in a homeowner’s insurance policy, “structural damage” caused by a sinkhole is best defined as “damage that impairs the structural integrity of the building.” Homeowners argued...more
Insurance, Sinkhole litigation -- Neither “Concealment or Fraud” nor “Duties After Loss” provision in homeowner’s insurance policy required insured to provide insurer with expert’s sinkhole damage analysis solicited by...more
Disputes over a mediation agreement’s validity must be resolved prior to a court ruling on discovery requests regarding matters potentially settled by the agreement. A dispute arose after Jilco, Inc. (“Jilco”) subleased a...more