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Davis Wright Tremaine LLP

Oregon Supreme Court Expands Meaning of "Accident" in Insurance Policy

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Owners can trigger an insurance policy without formally alleging a tort claim if the contractor's defective work could support a tort claim. The Oregon decision may allow property owners to assert only a breach of...more

Segal McCambridge

Third DCA Reaffirms the Longstanding Playbook on Contract Damages

Segal McCambridge on

Must damages be based on the cost of repair at the time of the breach? What is the time of breach? A recent Florida appellate case might have the answer to these questions. Bandklayder Development, LLC v. Sabga introduces key...more

Bradley Arant Boult Cummings LLP

California Appeals Court Says No Duty to Defend Where Policy Exclusion Applies

Bradley Arant Boult Cummings LLP on

In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work performed by subcontractors under...more

Shutts & Bowen LLP

You Can’t Run From That Arbitration Covenant Running With The Land

Shutts & Bowen LLP on

In a recent case, the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound the second owner. The case serves as a good reminder that, although a subsequent owner of...more

White and Williams LLP

Tennessee Looks to Define Improvements to Real Property

White and Williams LLP on

For subrogation practitioners dealing with an installation-based statute of repose, knowing what is an improvement to real property is the first battle in what can, but does not have to be, a long fight. Like many other...more

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