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Larson's Spotlight
over 7 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Indiana: Injured Employee May Not Sue Employer’s Corporate Parent
Where an employee working for a subsidiary of AT&T, Inc. tripped and fell over the snow-covered legs of a construction sign placed in a walkway adjacent to an ongoing construction project at the AT&T building in downtown Indianapolis, she could...
Steptoe & Johnson PLLC
over 7 years ago
Insurance Law
Insurer Bad Faith/Duty to Defend
West Virginia Supreme Court Finds No Duty to Defend or Indemnify under CGL Policy for Contractor’s Work
In yet another decision arising from the construction of a home, the West Virginia Supreme Court of Appeals (“WVSCA”) in SER Nationwide v. Wilson , No. 15-0424, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis...
William T. Barker
over 8 years ago
Insurance Law
Insurer Bad Faith/Duty to Defend
Dentons on Consequences of Inadequate Reservation of Rights
By William T. Barker, Partner, Dentons US LLP In Advantage Buildings & Exteriors, Inc. v. Mid-Continent Casualty Co., 2014 Mo. App. LEXIS 975 (Sept. 2, 2014), the court recognized that there was no coverage, but still held the insurer liable...
Randy J. Maniloff
over 8 years ago
Insurance Law
Insurer Bad Faith/Duty to Defend
Ten Most Significant Insurance Coverage Decisions Of 2014 – The Loudest Case Yet To Conclude That A Reservation Of Rights Letter Was Ineffective For Lack Of An Adequate Explanation
In Advantage Builders & Exteriors, Inc. v. Mid-Continent Casualty Co., -- S.W.3d – , 2014 Mo. App. LEXIS 975 (Mo. Ct. App. 2014), [ enhanced version available to lexis.com subscribers ], Mid-Continent’s insured, Advantage Builders, was...
Randy J. Maniloff
over 8 years ago
Insurance Law
Insurance Policy Exclusions
Construction Defect: Court’s Lesson On Drafting A “Designated Work” Exclusion
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...
Barry Zalma
over 7 years ago
Insurance Law
Insurance Policy Exclusions
No Cover for Incorrectly Performed Work: Insurance is Not a Guarantee of Good Workmanship
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...
Randy J. Maniloff
over 8 years ago
Insurance Law
Insurance Policy Exclusions
Ten Most Significant Insurance Coverage Decisions Of 2014 – What Could Have Been For The Contractual Liability Exclusion
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...
Randy J. Maniloff
over 7 years ago
Insurance Law
Insurance Policy Exclusions
Well That Was Easy: Construction Defect: One Insurer’s Simple Solution To It All
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...
Randy J. Maniloff
over 7 years ago
Insurance Law
Insurance Policy Exclusions
Appeals Court Pushes Back On Insurer’s Effort To Limit Construction Site Bodily Injury Claims
Insurers have long been writing endorsements to reduce their exposure for property damage caused by construction defects. These efforts have been taking place with First Manifestation, Loss in Progress and similarly named endorsements. Of course, insurers...
Perkins Coie
over 8 years ago
Insurance Law
Insurance Coverage
Perkins Coie LLP on Notable Insurance Coverage Decisions from the Second Half of 2014 and Early 2015
By Nishant Kumar The second half of 2014 and early 2015 brought noteworthy insurance coverage cases in contemporary areas of interest -- for instance, coverage for media providers and for privacy breaches -- as well as significant new developments...
Vandeventer Black LLP
over 8 years ago
Insurance Law
Insurance Coverage
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...
Randy J. Maniloff
over 8 years ago
Insurance Law
Insurance Coverage
Love It And List It: “14th Annual Ten Most Significant Coverage Decisions Of The Year”
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...
Foley & Lardner LLP
over 7 years ago
Insurance Law
Insurance Coverage
7th Circuit Rules That Title Insurer Is Not Liable for Construction Liens Resulting From Lender’s Failure to Fund
The 7th Circuit has ruled that a lender is not insured by a title company for liens that arise after a construction loan became significantly out of balance and the lender stopped funding. In BB Syndication Services, Inc v. First American Title Insurance...
Vandeventer Black LLP
over 8 years ago
Criminal Law and Procedure
Criminal Law and Procedure Blog
Contractor's Construction Fraud Implied
It is not unusual for a contractor to obtain an advance for construction work or materials. While that is done more often with residential construction, it is also done on some commercial projects or with individual subcontractors. What if they don't...
Vandeventer Black LLP
over 7 years ago
Criminal Law and Procedure
Criminal Law and Procedure Blog
The Risks of Using Criminal Statutes to Collect Construction Debts
By John Lockard The failure to make payment on a construction contract may not only result in a claim for money damages in a civil lawsuit, but it may also result in a violation of a criminal statute. For example, Code of Virginia Section 43-13, [subscribers...
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