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Negligence › Insurance Litigation › Construction Industry

Marshall Dennehey

Adequate Notice Requires More Than Delivery of a Policy

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A December 31, 2024, decision from the Supreme Court of Idaho found that adequate notice to an insured required more than the delivery of a policy and, due to the insurer’s failure to do so, coverage under a pre-existing...more

Rivkin Radler LLP

October 2024 New York Insurance Coverage Law Update

Rivkin Radler LLP on

The insured admittedly punched and threw the claimant to the ground, but the insured maintained during her plea for reckless assault in criminal court that the claimant was the aggressor, she acted in self-defense, and that...more

Kennedys

Recent First Department decision revisits duty of care and common law negligence

Kennedys on

The Appellate Division of the State of New York, First Department recently reversed a lower court decision, holding that a subcontractor did not owe a duty of care to a plaintiff working on a jobsite and therefore, determined...more

Goldberg Segalla

Caused, in Whole or In Part, By: Additional Insured Coverage in the Wake of Burlington v. NYCTA

Goldberg Segalla on

Obtaining additional insured coverage is one critical tool in the risk transfer toolbox. Owners and contractors on construction projects routinely ask “downstream” contractors and subcontractors to sign contracts wherein the...more

White and Williams LLP

Wisconsin Supreme Court Holds that Subrogation Waiver Does Not Violate Statute Prohibiting Limitation on Tort Liability in...

White and Williams LLP on

In Rural Mut. Ins. Co. v. Lester Bldgs., LLC 2019 WI 70, 2019 Wisc. LEXIS 272, the Supreme Court of Wisconsin considered whether a subrogation waiver clause in a construction contract between the defendant and the plaintiff’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Construction One-Minute Read: What If Your Insurance Carrier Negligently Provides Insufficient Coverage?

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On October 18, 2018, the Illinois Supreme Court clarified when the statute of limitations begins to run on a claim for negligent procurement of insurance by an insurance agent or broker. In American Family Mutual Insurance...more

Butler Snow LLP

Finally, a happy Additional Insured!

Butler Snow LLP on

We have noted, again and again, examples of disappointed Additional Insureds. Today we report that at least one Additional Insured has left the Courthouse smiling. It was, however, to paraphrase Wellington, a near-run...more

Carlton Fields

Like Hats and Belt Buckles, Indemnity Agreements in Texas Must be CONSPICUOUS

Carlton Fields on

Earlier this month, the U.S. Court of Appeals for the Tenth Circuit held that Texas law allows an indemnity agreement to insulate a party from the consequences of its own, allegedly negligent conduct, but only if that feature...more

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