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Documents on Litigation, Construction, Insurance
 

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HTMLCourt Dismisses Boilerplate Bad Faith Claim With Prejudice, As No Conceivable Basis To Cure By Amendment (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
March 25, 2015, previously published on March 5, 2015
In Williams v. USAA Cas. Ins. Co., the plaintiffs (an injured driver and two passengers in her car) brought an uninsured motorist claim against the injured driver’s insurer. The court found that the putative count for violating the UIM law was actually pleaded as a claim for breach of the...

 

HTML“Physical” Damage Without Any Tangible Change - New Jersey Federal Court Continues the Expansion of “Physical” Loss or Damage
Michael J. McLaughlin; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
March 25, 2015, previously published on March 5, 2015
New Jersey courts continue to expand traditional notions of physical loss or damage in a recent decision of the New Jersey Federal District Court, Gregory Packaging, Inc. v. Travelers Prop. Cas. Co. of America, Civ. No. 2:12¿cv¿04418 WHW, 2014 WL 6675934 (D.N.J. Nov. 25, 2014) (J....

 

HTMLPrevailing Wage Violation Invites Unsuccessful Bidder’s Tort Claim
Robert C. Hendrickson; Duane Morris LLP;
Legal Alert/Article
March 25, 2015, previously published on March 6, 2015
Failing to pay prevailing wages on a public works project can have consequences beyond labor code penalties and claims for unpaid wages. Contractors who “unlawfully deflate their labor costs” by intentionally violating prevailing wage laws in order to win contracts are also subject to...

 

HTMLEleventh Circuit Defines “Structural Damage” Under an Insurance Policy
A. David Fawal; Butler Snow LLP;
Legal Alert/Article
March 23, 2015, previously published on March 5, 2015
Although commonly used in insurance policies, the term “ structural damage ” is typically an undefined term, leaving it to insurers, insureds, and sometimes the courts to define. In Florida, federal district courts had come to different conclusions as to the definition, and recently,...

 

HTMLThe Missouri Supreme Court Rejects the Buy-One-Get-One-Free Approach to Auto Liability Insurance
Michael L. Young; HeplerBroom LLC;
Legal Alert/Article
March 23, 2015, previously published on March 10, 2015
After leaving almost 10,000 empty seats in its Champions League game against Roma last September, the professional football team in Manchester City chose to offer a buy-one-get-one-free deal on tickets at its October match against CSKA Moscow. (“Football” here is meant in the European...

 

HTMLMichigan Stable's Release within its Boarding Contract Helps Secure Dismissal of Lawsuit
Julie I. Fershtman; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
March 20, 2015, previously published on February 18, 2015
Imagine owning a boarding stable that had a barn fire, causing loss to some of the horses. Imagine later being sued from a disgruntled boarder whose horse perished in the fire. This happened to a Michigan stable, and the stable faced an aggressive legal challenge from the boarder. In the end, the...

 

HTMLRhode Island - You Get One, and Only One, Bite at the Apple
Michael R. Bosse; Bernstein Shur;
Legal Alert/Article
March 20, 2015, previously published on February 26, 2015
A recent Rhode Island case reminds us that, in litigation, you usually only get one bite at the apple. In Torrado Architects v. Rhode Island Department of Human Services, decided November 25, 2014, Torrado was denied the ability to conduct a second binding arbitration after the first one was...

 

HTMLCGL Exclusions for Contractual Liability - The Existence of a Contract Does Not Dictate the Exclusion
Michael A. Hodgins; Bernstein Shur;
Legal Alert/Article
March 20, 2015, previously published on February 26, 2015
Just when contractors think they have insurance coverage for a claim under their Commercial General Liability policy, they find they do not, often because of the application of one of many policy exclusions. Contractors are understandably confused. Sometimes these policy exclusions can prove...

 

HTMLLiability Insurance Coverage - More Affordable Than You Think
Julie I. Fershtman; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
March 20, 2015, previously published on January 7, 2015
Question: Should a riding instructor with a small clientele forego purchasing a policy of liability insurance merely because her business is small?

 

HTMLWhat You Didn’t Know About Equine Insurance
Julie I. Fershtman; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
March 20, 2015, previously published on March 18, 2015
You’re about to apply for equine mortality insurance on your new horse. What you might not know is that these policies are unique, and some features of this type of insurance might surprise you. For example:

 


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