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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

Wisconsin Supreme Court Declares No Vacancy for Insured in Asbestos Coverage Dispute

In Phillips, et al. v. Parmelee, et al., – N.W.2d –, 2013 WL 6818145 (Wis. Dec. 27, 2013), the Supreme Court of Wisconsin affirmed trial and appellate court decisions in favor of an insurer arguing that an asbestos exclusion...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

Florida Supreme Court Eliminates The Contractual Economic Loss Rule

Contracts are an integral part of every company’s daily life. ...more

Economic Loss Rule Now Applies Only in the Products Liability Context

Upon emphasizing and reaffirming its concern with the over-expansion of the economic loss rule, the Supreme Court of Florida recently rendered a decision in Tiara Condominium Ass’n, Inc. v. Marsh & McLennan Co., Inc....more

Economic Loss Rule Now Applies Only in the Products Liability Context

Upon emphasizing and reaffirming its concern with the over-expansion of the economic loss rule, the Supreme Court of Florida recently rendered a decision in Tiara Condominium Ass’n, Inc. v. Marsh & McLennan Co., Inc....more

Drowning in a Sea of Tort: The Florida Supreme Court Reels in the Economic Loss Rule

On March 7, 2013, the Florida Supreme Court in Tiara Condominium Assoc., Inc. v. Marsh & McLennan Companies, Inc. expressly limited the application of the economic loss rule to products liability cases. 2013 WL 828003 (Fla....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

Condominium Developer Cannot Enforce CC&R's After Selling All Units: Promenade at Playa Vista Homeowners Association v. Western...

This month the Second District Court of Appeal concluded that the developer of a condominium complex lacked standing to enforce the declaration of covenants, conditions, and restrictions (CC&R's) after it had sold all the...more

Tackling Pollution Exclusions To Chinese Drywall Claims

Originally published in Insurance Law360 - November 8, 2011. Federal and state courts in Virginia, Florida, and Louisiana have now published at least twenty-one rulings on insurance coverage actions related to Chinese...more

Sulfide Gases From Chinese Drywall Deemed Pollution for Which There Is No Coverage

The court in Nationwide Mutual Ins. Co. v. Overlook, LLC, ___ F. Supp.2d ___, 2011 WL 1988396 (E.D. Va. May 13, 2011) ruled that a pollution exclusion barred coverage for a lawsuit arising from a developer’s installation of...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

Louisiana Federal Court Finds There Is No First Party Property Coverage for Homeowners' Chinese Drywall Claims

In In re Chinese Manufactured Drywall Products Liability Litigation, 2010 WL 5288032 (E.D. La. Dec. 16, 2010), a federal court in Louisiana overseeing the Chinese drywall multi-district litigation issued an order dismissing...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

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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