Five Recent Cases You Should Know About (7/23/2010)

Larson's Spotlight on Filing of Claim, Accidental Injury vs. Normal Work Routine, Mesothelioma Death Claim, Post-Traumatic Stress Claim, and Occupational Disease. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's...

Cal. Comp. Cases August 2010 Advanced Postings (8/25/2010)

Here's the fourth batch of advanced postings for the August 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the complete headnotes and full case summaries. © Copyright 2010 LexisNexis. All rights reserved. Contra Costa County Fire Protection...

News on the Delaware Section 2311 Contractor Statute....and a little joy in the morning

Okay, it's been a bad week. I am struggling to recover from the sinus infection from hell and to attack the pile on my desk that accrued while I was home sick. I am offering for your viewing pleasure our brand new kitty, Nutella Grace. She has a disposition to rival that of the late great Cupka Marie...

Insurance Recovery and Counseling Alert: Georgia Supreme Court Holds That Negligent Construction Is an “Occurrence” Under CGL Insurance Policies

By John L. Watkins, Partner, Barnes & Thornburg LLP In a 6-1 opinion issued on March 7, 2011, the Supreme Court of Georgia joined a growing national trend and held that negligent construction that results in damage to property other than the contractor’s work is an “occurrence”...

Insurance Recovery and Counseling Alert: Georgia Supreme Court Holds That Negligent Construction Is an “Occurrence” Under CGL Insurance Policies

By John L. Watkins, Partner, Barnes & Thornburg LLP In a 6-1 opinion issued on March 7, 2011, the Supreme Court of Georgia joined a growing national trend and held that negligent construction that results in damage to property other than the contractor’s work is an “occurrence”...

Georgia Supreme Court - Negligent Construction Is an “Occurrence” Under Commercial General Liability Insurance Policies

By John L. Watkins, Partner, Barnes & Thornburg LLP In a 6-1 opinion issued on March 7, 2011, the Supreme Court of Georgia joined a growing national trend and held that negligent construction that results in damage to property other than the contractor’s work is an “occurrence”...

Sweet Defective-Home Alabama: Supreme Court Addresses The “Occurrence” Issue

"Sub-Contractor" Exception Applies - But Not To A Sub-Contractor's Own Work Randy J. Maniloff, White and Williams, LLP Last month I was in Las Vegas where I had the privilege of speaking at the CPCU Society's Annual Meeting (and paying $9 for a Diet Coke at a restaurant - Really...

Comfort and Joy: Glad Tidings from Delaware Appeals Court on Contractor Issue

In my post of 2/25/11 , I reported on Reuben Cordero v. Gulfstream Development Corp. and Delaware Siding Company , IAB# 1357959 & 1357671 (2/10/11) (Order). The issue was whether the Delaware contractors statute ( 19 Del. Code Section 2311 ) imposed a continuing obligation on contracting entities...

Workers' Comp Fraud Blotter (6/21/2012) – This Friendly Bar Might Be Toby Keith’s Kind of Place

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

Comfort & Joy, Part II: DE Supreme Court Delivers Gift in Section 2311 Contractor Case

I heard from Bob Richter, as well as John Ellis, on Thanksgiving Eve, and you have them to thank for today's post. As Bob succinctly offers: Cassandra, The Supreme Court affirmed. I am delighted. Happy Thanksgiving. The issue: For this to make sense, you might want to revisit my posts of...

Comfort & Joy, Part II: DE Supreme Court Delivers Gift in Section 2311 Contractor Case

I heard from Bob Richter, as well as John Ellis, on Thanksgiving Eve, and you have them to thank for today's post. As Bob succinctly offers: Cassandra, The Supreme Court affirmed. I am delighted. Happy Thanksgiving. The issue: For this to make sense, you might want to revisit my posts...

Sweet Caroline’s Excellent Adventure…..and a Lack of Due Diligence in Delaware as It Relates to Section 2311 Liability

I heard from Fred Freibott last evening with a recent case involving Section 2311 contractor liability. Since friends don't let friends remain ignorant of the law as to Section 2311, I thought I owed y'all a post. The case is Gregory Otter v. Green-Light Solutions, LLC, East Wind Enterprises...

Vandeventer Black LLP: Court Questions Teaming Agreement

Authored by attorney Mike Sterling In W.J. Schafer Associates, Inc. v. Cordant, Inc. , 493 S.E. 2d 514 (Va. 1997) [ version available to lexis.com subscribers ], the court held a teaming agreement was unenforceable on the ground that “agreements to agree in the future” are “too vague...

Ten Most Significant Insurance Coverage Decisions Of 2013 – Almost Heaven For Policyholders: West Virginia High Court Overrules Four Prior Decisions And Holds That Faulty Workmanship Is An “Occurrence” [And Two Others Do The Same]

Ordinarily I would not include in the annual insurance hit-parade a case addressing the beat-to-death issue whether faulty workmanship qualifies as an “occurrence” under a commercial general liability policy. There are simply too many cases addressing the issue so any single new one, even...

Ten Most Significant Insurance Coverage Decisions Of 2013 – Eleventh Circuit Limits Construction Site Bodily Injury Exposure (Without Using An Endorsement)

Insurers have been taking various steps to attempt to limit their exposure for bodily injury claims on construction sites (not to mention for property damage). One way has been to amend the employer’s liability exclusion to preclude coverage for employees of “any insured” as opposed...

Defective Construction Claims: Where Breach of Warranty and Covered Occurrences Merge or Divide

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP On March 21, 2014, Jill B. Berkeley presented at the American College of Coverage and Extracontractual Counsel's (ACCEC) 2014 Insurance Law Symposium, held on the campus of the University of Mississippi. The ACCEC brought together...

Disclosure of Investigation Documents Granted for Qui Tam Realtor

My law partner Mike Sterling forwarded this summary of a recent qui tam movant's motion to compel contractors to produce documents relating to their codes of business conduct investigations. It's an important issue for any government contractor. Here's Mike's summary: Recently, the...

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...

Additional Insured Certificates: What Do They Mean?

By James R. Harvey , Partner, Vandeventer Black LLP Shifting the significant risk of loss is a basic part of construction contracting. Contractors are familiar with requirements to provide proof of insurance and to name the owner, architect and general contractor as an additional insured on the commercial...