Products Liability Construction Residential Real Estate

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Reports of the Death of SB800 are Greatly Exaggerated – The Court of Appeal Revives Mandatory SB800 Procedures

In a 20 page opinion, the Court of Appeal for the Fifth District repudiated the holding of Liberty Mutual Insurance Co. v. Brookfield Crystal Cove, LLC (2013) 219 Cal.App.4th 98 (“Liberty Mutual”), and held that plaintiffs in...more

Is Laminate Flooring The New Drywall For Insurers?

Recent media reports alleging that certain laminate flooring manufactured in China and distributed in the U.S. contains unsafe levels of formaldehyde may have a familiar and frightening ring to them, particularly for insurers...more

Florida Insurance Law: 2014 Year in Review

This past year brought a number of important insurance decisions in Florida, some favorable to insurers and others that reaffirm the challenges for insurers litigating in Florida. For example, after a broad statutory...more

Nevada Supreme Court Clarifies Right to Construction Defect Remedies Involving Residential Units with Previously Occupied Spaces

In Oxbow Constr., LLC v. Eight Judicial Dist. Ct., 2014 Nev. LEXIS 109, 130 Nev. Adv. Rep. 86 (Nev. Oct. 16, 2014), the Nevada Supreme Court considered issues regarding class-action certification and the availability of...more

Indiana: New Home Warranties Must Be Insured

When faced with a subrogation loss involving a new or fairly new house, and a potential construction defect that caused the loss, one of the first things to look for is how warranties can help or hurt your case. Did the...more

Insurance Recovery Law

Suit Alleging Drug Distributor Was a “Pill Mill” Requires Defense - Why it matters: A Kentucky federal court held that the claimed impact in a suit brought by the West Virginia Attorney General – alleging that...more

Pennsylvania Court Holds Defectively Designed Windows and Doors May Give Rise to an “Occurrence”

On December 3, 2013, the intermediate Pennsylvania Court of Appeals decided Indalex, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, and concluded that an “occurrence” under a commercial umbrella liability policy may...more

Pennsylvania Court Holds Drywall Claims Arose Out of Single Occurrence

In its recent decision in Cincinnati Ins. Co. v. Devon International, 2013 U.S. Dist. LEXIS 20659 (E.D. Pa. Feb. 15, 2013), the United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law,...more

New Jersey Judiciary Narrows Applicability of Statute of Repose to Manufacturers of Products That Are Utilized in Improvements to...

New Jersey’s Appellate Division clarified the role of the New Jersey Statute of Repose, N.J.S.A. 2A:14-1.1 (the Statute of Repose), as it pertains to manufacturers of products that are utilized in improvements to real...more

Insurance Law Update - Negligent Design and Construction Is Not an Occurrence of Property Damage - February 2011

U.S. Court of Appeals for the Fifth Circuit In VRV Development L.P.v. Mid-Continent Cas. Co., ___ F.3d ___, 2011 WL 48897 (5th Cir. (Tex.) January 7, 2011), the Fifth Circuit Court of Appeals held that negligent design and...more

Insurance Law Update - South Carolina Attempts to Clean Up the ‘Intellectual Mess’ Over the Meaning of ‘Occurrence’ in...

Supreme Court of South Carolina In Crossmann Communities of North Carolina, Inc. v. Harleysville Mut. Ins. Co., ___ S.E. 2d ___, 2011 WL 93716 (S.C. January 7, 2011), the Supreme Court of South Carolina held that there is...more

Is An Arbitration Provision In Recorded CC&Rs Ever Enforceable By The Developer?

Note To Reader: As this article goes to press, the Fourth District Court of Appeal has received the parties’ supplemental briefs, and is preparing to rehear Villa Vicenza Homeowners Association v. Nobel Court Development,...more

Procedural Requirements of California's "Fix It" Law Upheld

The Fourth District Court of Appeal recently held that construction-defect plaintiffs must provide developers with notice and an opportunity to repair before filing suit. This holding in Standard Pacific Corporation v....more

2008 Amendment to §2782 - Special Issue by Ray Coates

The Legislature has made another attempt to try to correct the indemnification mess in the residential construction arena. This is its third attempt. In 2005, the Legislature changed the framework for analysis of...more

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