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|Defective Construction Claims: Are They Covered Under the CGL Policy or Not?|
Kohrman Jackson Krantz PLL;
August 19, 2014, previously published on August 18, 2014One area that is often argued are claims for defective construction under builders' commercial general liability insurance policies. This is an issue that equally affects a builder, a damaged party and the insurer, and how that issue is decided may depend on which state's law will control.
|Commercial Insurance Issues|
Richard W. Smith; Bernstein Shur;
August 18, 2014, previously published on August 11, 2014Whether you’re a landlord or a tenant, insurance options for commercial real estate can be daunting. Knowing what to ask your insurance broker can save the day. This sampler of issues will help you and your broker manage risk in ways that complement the obligations in your lease.
|Judgment Against Insurer For Fire Loss Reversed Due To Admission Of Opinion Testimony Of Non-Expert Volunteer Fire Chief|
Peter H. Dworjanyn; Collins & Lacy, P.C.;
August 15, 2014, previously published on August 2014The S.C. Court of Appeals reversed and remanded a half million dollar verdict against a homeowner’s insurance company because the fire chief was allowed to testify regarding his opinion on causation. Fowler v. Nationwide Mutual Fire Ins. Co., Op. No. 5256 (S.C. Ct. App. filed August 6, 2014).
|Private Disability Insurance: Know the Coverage Details|
Dana B. Perry; Chambliss, Bahner & Stophel, P.C.;
August 14, 2014, previously published on August 2014Many employers provide short- and long-term disability insurance for their employees as an important part of their benefits packages. These policies often make an enormous difference in an employee's quality of life if she is injured or becomes sick unexpectedly. But if an employee needs to...
|Western District Grants Rule 12(B)(6) Motion to Dismiss in Favor of Insurer in Wind/Hail Claim for Breach of Contract and Bad Faith|
Martin Disiere Jefferson Wisdom L.L.P.;
August 14, 2014, previously published on August 7, 2014Last week, in Burton v. Companion Property and Casualty Insurance Company, Civil Action No. W-14-CV-054 (W.D. Tex. July 29, 2014), Federal District Court Judge Walter S. Smith, Jr. in the Waco division of the Western District of Texas dismissed all of the Insured’s contractual and...
|Corpus Christi Court of Appeals Affirms Summary Judgment for Insurer for Crude Oil Spill Claim Under “Trucker’s Coverage”|
Martin Disiere Jefferson Wisdom L.L.P.;
August 14, 2014, previously published on August 7, 2014In Superior Crude Gathering, Inc. v. Zurich American Insurance Company No. 13-13-00235-CV, the Corpus Christ Court of Appeals affirmed summary judgment for Zurich that its Trucker’s Coverage did not cover a crude oil leak from an aboveground storage tank.
|Second Circuit Affirms Summary Judgment Opinion Allocating Financial Responsibility For April 2006 Texas Train Derailment|
Sutherland Asbill Brennan LLP;
August 12, 2014, previously published on August 7, 2014In an April 2006 train derailment near Dallas, much of a train’s cargo, which included tractors, copying machines, and other manufactured goods, was destroyed. The goods were manufactured in Japan, shipped across the Pacific, and loaded onto railcars in California. Following the derailment,...
|A Primer on the Miller Act's Federal Bonding Requirements|
Daniel M. Carrico; Smith, Currie & Hancock LLP;
August 11, 2014If you have ever been involved with a federal construction project—either as a contractor, subcontractor, supplier, or surety—you have probably had to deal with the Miller Act. That’s not surprising. Few pieces of legislation are more ubiquitous when it comes to construction work...
|Special Workers Compensation Legislation Report--Retrospective Rating|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
August 6, 2014, previously published on August 8, 2014CS/HB 785 by State Representative Albritton passed the Legislature and was approved by Governor Rick Scott on June 13, 2014. The effective date of the bill was July 1, 2014.
|House Bill 373 Enacted to Control the Level of Workers’ Compensation Insurance Premiums by Making Significant Changes in the Medical Reimbursements Allowable Under the Healthcare Payment System|
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 6, 2014, previously published on July 31, 2014This Act makes substantial changes to Titles 18 and 19 of the Delaware Code designed to control the level of workers’ compensation premiums in Delaware. The most significant changes are: (a) a 33% reduction in medical costs to the workers’ compensation system, phased in over a period of...