Construction Law, Civil Procedure, Insurance

California Civil Depositions Limited To Seven Hours Under New Law

by Peter Bauman - Senior Associate at Tharpe &... on 5/15/2013

Some attorneys are known for being long-winded time wasters who act with little regard for efficiency, especially when billing at an hourly rate. Although we believe the length of a deposition is often dictated by the...more

Trial Tactics for Insurance and Corporate Defense Cases

by Peter Bauman - Senior Associate at Tharpe &... on 5/14/2013

Insurance companies and corporate defendants often begin a lawsuit at a disadvantage due to the mere fact that they are being sued by a plaintiff who alleges to have been injured and/or damaged. It is therefore crucial to...more

Litigation Management: A Win-Win

by Peter Bauman - Senior Associate at Tharpe &... on 5/13/2013

Using tools and strategies to effectively and intelligently proceed a case through the litigation process, based on the goals and expectations of a specific client, is an important part of effective legal representation. This...more

Daubert Standard For Expert Testimony Almost Applied In California

by Peter Bauman - Senior Associate at Tharpe &... on 5/10/2013

The standard for admitting expert scientific testimony in a federal trial under the Federal Rules of Civil Procedure was established in the case of Daubert v. Merrell Dow Pharmaceutical (US Supreme Court, 6/28/93), then...more

Bad Faith Sentinel - April 2013

by Gregory M. Boucher, Carolyn Due, Matthew M. Haar, Joseph C. Monahan, Amy L. Piccola, Thomas S. Schaufelberger | Saul Ewing LLP on 5/1/2013

In This Issue: - Western District Of Washington: Denial of a Defense Where Additional-Insured Status Was Arguable, and Doing So in Reliance on Extrinsic Evidence, Were Both Acts of Bad Faith - New York Court...more

When Does an "Occurrence" Occur?

by Jerome Sturhahn | Sherman & Howard L.L.C. on 5/1/2013

Two federal courts in Denver recently addressed a fundamental question that exists in almost every construction defect case - when did the property damage that gives rise to liability, and the insurer's obligation, occur? ...more

The “Occurrence” Debate Continues: Pennsylvania and North Dakota Edition

by Aaron Mandel, Stevi Raab | Sedgwick LLP on 4/30/2013

As noted in our previous installment of CDCQ, the “occurrence” issue is one of the most hotly litigated topics in construction defect coverage cases. This last quarter was no exception. Two recent cases addressing this issue...more

Insurers: Does Your Policy Contain a Broadly Worded EIFS Exclusion? If You’re in Washington, You Might Be in Luck!

by Aaron Mandel, Stevi Raab | Sedgwick LLP on 4/30/2013

Recently, Washington courts have issued a number of opinions resolving a variety of issues against insurers. For instance, the Washington Supreme Court presumed that there is no attorney-client privilege in a bad-faith suit...more

New York Court Holds Wholesale Broker Is Insured’s Agent for Delivery of Policy

by Traub Lieberman Straus & Shrewsberry LLP on 4/23/2013

In its recent decision in B&A Demolition & Removal Inc. v. Markel Ins. Co., 2013 U.S. Dist. LEXIS 55946 (E.D.N.Y. Apr. 18, 2013), the United States District Court for the Eastern District of New York had occasion to consider...more

Eleventh Circuit Allows Consideration of Extrinsic Evidence

by Traub Lieberman Straus & Shrewsberry LLP on 3/18/2013

In its recent decision in American Safety Indemnity Co. v. T.H. Taylor, 2013 U.S. App. LEXIS 5072 (11th Cir. March 14, 2013), the United States Court of Appeals for the Eleventh Circuit, applying Alabama law, had occasion to...more

Missouri Supreme Court Confirms That A Defendant Need Not Plead Its Liability To Plaintiff In A Third-Party Claim For Contribution

by Williams Venker & Sanders on 2/11/2013

For more than 35 years Missouri defendants have been filing third-party claims for contribution against other potentially liable persons or entities not sued directly by the plaintiff. But for 33 of those years defendants...more

7th Circuit Holds Insured’s Voluntary Payments Barred Coverage

by Traub Lieberman Straus & Shrewsberry LLP on 1/9/2013

In its recent decision in West Bend Mut. Ins. Co. v. Arbor Homes LLC, 2013 U.S. App. LEXIS 428 (7th Cir. Jan. 8, 2013), the United States Court of Appeals for the Seventh Circuit, applying Indiana law, addressed whether an...more

Under Construction - December 2012

by Wade R. Budge, Stuart J. Einbinder, Richard G. Erickson, Joshua Grabel, Jennifer R. Phillips, Nora R. Pincus, Scott C. Sandberg, James J. Sienicki, Jeffrey M. Singletary, Nicole Sornsin | Snell & Wilmer L.L.P. on 12/31/2012

In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...more

Colorado Construction Law Developments in 2012

by Scott C. Sandberg | Snell & Wilmer L.L.P. on 12/20/2012

While Colorado’s General Assembly passed no significant legislation affecting construction law in 2012, the Colorado Court of Appeals handed down a number of significant rulings....more

Pennsylvania Court Finds No Coverage for Construction Defect Claims Under General Liability Policies

by Stevi Raab | Sedgwick LLP on 12/12/2012

In the case of American Home Assurance Co. v. Trumbull Corp., No. GD-11-006886 (Ct. Com. Pl. Allegheny County, Oct. 10, 2012), the court granted summary judgment in favor of two excess general liability insurers on a matter...more

Pinnacle's Limited Impact On California Property Litigation

by Zelle Hofmann Voelbel & Mason LLP on 11/5/2012

Originally published in Insurance Law360 on November 2, 2012. The California Supreme Court recently issued an important decision concerning the forum for litigation of construction defect claims. However, as a practical...more

Ohio Supreme Court Rules that Claims of Defective Workmanship Against a Builder Do Not Constitute an Occurrence Under a CGL Policy

by Scott Galla | Cozen O'Connor on 10/19/2012

On October 12, 2012, the Ohio Supreme resolved a longsimmering conflict among Ohio’s intermediate appellate courts by answering the following certified question: Are claims of defective construction/workmanship brought...more

Insurance Coverage: June 2012

by Low, Ball & Lynch on 10/4/2012

In This Issue: - Pacific Rim Mech. Cont. Inc. v. Aon Risk Ins. Services West, Inc. (2012) 203 Cal.App.4th 1278 - Axis Surplus Insurance Company v. Glenco Insurance Ltd. (April 2012) Court of Appeal, Fourth...more

New York’s Highest Court Addresses Rescission of Policy to Additional Insured

by Traub Lieberman Straus & Shrewsberry LLP on 6/18/2012

In its recent decision in Admiral Ins. Co. v Joy Contractors, Inc., 2012 NY Slip Op 4670 (N.Y. June 12, 2012), the New York Court of Appeals, New York’s highest court, considered whether a general liability policy can be...more

Buyer Beware: New Jersey’s Appellate Division Confirms that Exclusion for Bodily Injury to “An Employee of Any Insured” Bars...

by K&L Gates LLP on 6/7/2012

Parties who require additional insured coverage from their contractors usually expect the coverage to extend to third-party over claims, particularly with respect to bodily injury claims by employees of contractors. Those...more

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Construction Law › Civil Procedure › Insurance