Judge Further Limits TVA Coal Ash Spill Lawsuits

CHATTANOOGA, Tenn. - (AP) A federal court further limited lawsuits seeking damages from the Tennessee Valley Authority for its huge spill of toxin-laden coal ash, but the judge ruled that claims related to property damages and reduced property values will to go to trial. The court fight is over a Dec...

Vetstein Law Group: Hurricane Irene Cleanup: Who Is Responsible For Falling Trees?

By Richard D. Vetstein, ESQ Massachusetts Fallen Tree Law Hurricane, Tropical Storm, whatever-you-want-to-be-called-Irene certainly did a number on Massachusetts. We are into Day 2 of no power in my hometown of Sudbury. The kids are getting absolutely stir crazy and driving mom CRAZY! I was never...

In a case alleging that a community was exposed to airborne vinyl chloride, the Third Circuit affirmed that a class action was inappropriate since individual issues predominated

In Gates v. Rohm & Haas Co. et al , 2011 U.S. App. LEXIS 17756 (3rd. Cir.: 8/25/11), Plaintiffs were residents of a primarily residential area of approximately 2,000 people and 400 homes. Defendant chemical companies owned and operated a facility one mile north of of the village. The plaintiffs...

3rd Circuit Finds Class Action Inappropriate In Vinyl Chloride Exposure Case

In Gates v. Rohm & Haas Co. et al , 2011 U.S. App. LEXIS 17756 (3rd. Cir.: 8/25/11), Plaintiffs were residents of a primarily residential area of approximately 2,000 people and 400 homes. Defendant chemical companies owned and operated a facility one mile north of of the village. The plaintiffs...

Marten Law on AES Corp. v. Steadfast Insurance Co. – Virginia Supreme Court Holds That Climate Change Allegations Do Not Trigger Insurer's Duty to Defend

By Steven Jones, Partner, Marten Law PLLC "In a case being closely watched by both insurers and insureds, the Virginia Supreme Court has held that an insurer's duty to defend is not triggered by allegations of damages flowing from intentional actions that the plaintiffs claim resulted in...

Sweet Carolina For Policyholders: Good Times Will Never Seem So Good For Construction Defect Claims

South Carolina Supreme Court Withdraws Crossmann Communities and Allows Coverage for Consequential Damages of Construction Defects - Court Adopts Time on the Risk Allocation Randy J. Maniloff, White and Williams, LLP The Supreme Court of South Carolina has issued its opinion in the very closely...

Automobile Liability Insurance – New Appleman on Insurance Law Library Edition, Chapter 63

By Lane Finch, Member, Hand Arendall LLC "The automobile is so much a part of American life that there are few activities in which the 'use of an automobile' does not play a part somewhere in the chain of events."[1] In 2009 there were more than 5.5 million police-reported motor...

FREE Business Interruption Insurance White Paper

Obtain your FREE Business Interruption Insurance White Paper, Business Interruption Coverage: Trends, Challenges & Solutions . The 2011 earthquakes and tsunami in Japan, twister outbreaks in the United States, Hurricane Irene,...

McCarter & English LLP on New Jersey Appellate Division Opens Door to Coverage for Subcontractors' Defective Work

By Craig W. Davis and Nicholas M. Insua, Attorneys, McCarter & English, LLP A recent decision by New Jersey's Appellate Division questions the continued viability of prior New Jersey decisional law regarding whether property damage caused by faulty construction constitutes an "occurrence"...

Vandeventer Black LLP: Am I Really Responsible for That?

By Neil Lowenstein Landowners hire contractors to perform work for the landowner. Contractors then typically hire multiple subcontractors to perform various portions of that work. And, subcontractors then hire sub-subcontractors to perform various portions of their work. And, so on depending upon...

Massachusetts Court Holds No Coverage for Withheld Employee Tips

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Berkshire-Cranwell Limited Partnership v. Tokio Marine & Nichido Fire Ins. Co., 2012 U.S. Dist. LEXIS 93635 (D. Mass. July 6, 2012) , the United States District Court for the District of Massachusetts...

Jing on Insurance Coverage for Construction Defects: Developments in Federal & State Law

Jing on Insurance Coverage for Construction Defects: Recent Developments in Federal and State Law by Audrey J. Jing of Kelley, Drye & Warren LLP examines the current split among jurisdictions as to whether a claim for defective workmanship falls within the scope of the standard form insuring agreement...

Vetstein Law Group: Irene Cleanup Mailbag: Who Is Responsible If My Neighbor’s Tree Fell On My House, Car, Shed, Or Swingset?

[ Originally published 08/30/2011 ] By Richard D. Vetstein, ESQ Massachusetts Fallen Tree Law Hurricane, Tropical Storm, whatever-you-want-to-be-called-Irene certainly did a number on Massachusetts. We are into Day 2 of no power in my hometown of Sudbury. The kids are getting absolutely...

Vetstein Law Group: Cleaning Up After Hurricane Sandy: Homeowner’s Insurance Coverage & Downed Trees

By Richard D. Vetstein, ESQ Massachusetts Homeowner's Insurance Coverage for Hurricane Damage Although Massachusetts was spared a direct hit by Hurricane Sandy, there are widespread reports of flooding and property damage. Whether the damage to your home from Hurricane Sandy is covered by your...

Duane Morris LLP: New Jersey Property Owners Who Suffered Significant Damages as a Result of Hurricane Sandy May Be Entitled to Property Tax Relief

Any property owners in New Jersey who have suffered substantial damages to their real property as a result of Hurricane Sandy should be entitled to tax relief pursuant to New Jersey law. Specifically, N.J.S.A. 54:4-35.1 provides that any parcel of real property containing a building or other structure...

Real Cases in Real Estate By Andrea Lee Negroni, Esq. – February 4th, 2013 Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee...

Property Developer’s Failure To Perform Because Of the Economy Was An Occurrence

While much debate has centered around coverage for construction defects, the parties have at least known where the claims are coming from - a structure is set out to be built, something doesn't go right and repairs need to be made. But in IMG Worldwide, Inc. v. Westchester Fire Ins. Co., No. 11-1594...

U.S. 8th Cir: No CGL Cover for Property Damage to Insured Contractor’s Own Defective Work and Resulting Loss on Use During Its On-Going Operations

By Scott C. Turner, Attorney, Anderson Kill On May 20, the Eighth Circuit of the U.S. Court of Appeals issued its decision in Spirtas Co. v. Nautilus Ins. Co., --- F.3d ---- 2013 U.S. App. LEXIS 10031 (8 th Cir. 2013) (Mo. law) [ enhanced version available to lexis.com subscribers ], holding that...

Kitchen Construction Dispute: Defects In Cabinetmaker’s Own Work Not an Occurrence

In Shane Traylor Cabinetmaker v. American Resources Ins. Co., Inc , the building owner, Barbee, claimed that the work of the policyholder, STC, "was not performed in a workmanlike manner ... requiring [Barbee] to repair and/or replace the work performed by . . . [STC]'. STC's insurance company...

Fifty States Of Mold Claims

I. Introduction This first-of-its-kind article provides an overview of many of the jurisdictionally specific mold-related litigation issues, and includes a checklist of how to successfully defend against mold claims. A 50-state survey of the three most critical and common legal issues arising from mold...

Supreme Court of South Carolina Bars Insurance Coverage in Defective Construction Case with a Twist

By Scott C. Turner, Attorney, Anderson Kill SUMMARY: Wednesday, the Supreme Court of South Carolina issued its decision in Bennett & Bennett Const., Inc. v. Auto Owners Ins. Co. , 2013 S.C. LEXIS 170 (S.C. 2013), holding that Commercial General Liability (CGL) policy’s coverage for defective...

Connecticut Supreme Court, in a Case of First Impression, Holds Negligent Construction Insured Under General Liability Policy

In Capstone Building Corp. v. American Motorists Insurance Co. , 67 A.3d 961 (Conn. 2013) [ enhanced version available to lexis.com subscribers ], a case of first impression, the Supreme Court of Connecticut considered whether allegations that a subcontractor’s unintended defective construction...

Holy Mau: A New Kind Of Chinese Drywall Claim

Chinese drywall -- litigation over the smell of a rotten egg, er, rolls on. There has been lots of coverage litigation over the past few years concerning various issues associated with Chinese drywall. But last week’s decision in Chartis Property & Casualty Company v. Jassy, No. 12-2087 (M...

Newly-Published Regional Steel Case Raises More Questions Than It Answers

California’s Second Appellate District has affirmed a summary ruling that a Commercial General Liability insurer did not have a duty to defend a subcontractor who supplied faulty “seismic tie hooks” that were encased in concrete shear walls. The case is Regional Steel Corporation v...

The Philosophical “Products Hazard” Case

There is just something about the Third Circuit’s decision in Allegheny Design Management, Inc. v. Travelers Indemnity Company, No. 13-4263 (3rd Cir. July 11, 2014), [ enhanced version available to lexis.com subscribers ], addressing whether property damage comes within the “products-completed...