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Anyone reading this knows that construction defect claims often involve a lot of parties. I was once involved in a California CD case, with so many parties, that when it came time for a mediation in Los Angeles it was necessary to rent the Kodak Theatre...

Liability insurers know that writing contractors can be challenging. Some just don’t. Others do -- but not without using a buffet of manuscript endorsements that are designed to manage the risk by eliminating unwanted exposures. I have written about...

Ewing Construction Company v. Amerisure Insurance Company, 420 S.W.3d 30 (Tex. 2014), [ enhanced version available to lexis.com subscribers ], is a funny case. Not funny ha ha. Funny strange. The Texas Supreme Court’s decision was a very easy...

Contractors and developers purchase insurance to protect against bodily injury or property damage caused by their negligence. It does not, nor could it do so and still be insurance, guarantee the quality of workmanship of the insured. The policies clearly...

If you are reading this then you are familiar with the surfeit of litigation, over the past decade-plus, concerning the availability of insurance coverage for construction defects. In very general terms you could say that there have been two types of...

2014: The Year In Review Property and casualty insurance coverage is a world dominated by decisions made by courts. So 2014 was a unique year -- as its two most significant stories had nothing to do with the judiciary. The first was the decision...

The Pennsylvania Supreme Court ruled, [ enhanced version available to lexis.com subscribers ], that a builder’s implied warranty of habitability extends only to the initial buyer of a home, and not to subsequent purchasers. In Conway v. The Cutler...

In a May 25, 2012 decision in a long-running case that, among other things, could have important implications for the lawsuits recently filed against Facebook, the Second Circuit reversed the lower court's dismissal of the securities suit involving...

In a May 25, 2012 decision in a long-running case that, among other things, could have important implications for the lawsuits recently filed against Facebook, the Second Circuit reversed the lower court's dismissal of the securities suit involving...

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Jan. 10 declined to grant a petition for a writ of certiorari to a man who claims that his cancer was caused by defects in automobile windshields ( Ted A. McCracken v. Ford Motor Co. , No. 10...

LOS ANGELES - (AP) Toyota Motor Corp. bought back cars from drivers who reported sudden acceleration defects, but the company didn't tell federal regulators about the problem, according to court documents filed in the sprawling litigation against...

INDIANAPOLIS - (AP) Rolls-Royce Corp. concealed repeated defects at an aircraft engine plant in Indianapolis and fired a safety official for reporting the problems, according to a whistleblower lawsuit filed in federal court. Lawyers for Thomas McArtor...

SANTA ANA, Calif. - (AP) A judge said Monday he's inclined to keep confidential a settlement between Toyota Motor Corp. and the relatives of four people killed when a driver was unable to stop a runaway Lexus. Los Angeles County Superior Court Judge...

NEW YORK - (AP) Toyota Motor Corp. asked a federal court to throw out lawsuits over acceleration defects in its cars, saying many of the plaintiffs never identified any defect or experienced sudden, unintended acceleration. The automaker filed its motion...

SANTA ANA, Calif. – (AP) The Orange County district attorney has filed a lawsuit against Toyota Motor Corp., accusing the automaker of knowingly selling hundreds of thousands of vehicles with acceleration defects. District Attorney Tony Rackauckas...