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Farella Braun + Martel LLP

Damages for Permit Revocation Constitute Covered “Loss of Use”

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Insurers often claim “economic damages” are not covered under a standard commercial general liability (CGL) policy. The Fourth District Court of Appeal’s decision in Thee Sombrero, Inc. v. Scottsdale Ins. Co., 28 Cal. App....more

Patton Sullivan Brodehl LLP

Loss of Use can be “Property Damage” under Insurance Policies

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General liability insurance policies normally cover “property damage.” Physical injury to, or outright destruction of, property almost always fits within policy coverage. But what about situations when the property is not...more

Nossaman LLP

Court Of Appeal Provides Timely Reminder Regarding A Contractor’s Use Of Property For Staging And Proper Calculation Of Damages...

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In a recent unpublished Court of Appeal decision, Downs v. City of Redding (October 30, 2018), the Court took up two distinct issues: (a) whether a contractor’s use of property for construction staging constitutes a taking...more

Dechert LLP

English Court of Appeal Clarifies the Ambit of the Rule Against Reflective Loss

Dechert LLP on

In the recent decision in Carlos Sevilleja Garcia v Marex Financial Limited,1 the Court of Appeal helpfully summarised the justifications for the English law rule against claims for reflective loss and confirmed that the rule...more

Bradley Arant Boult Cummings LLP

Alternative Measures of Damages in Real Property Disputes in Tennessee

Bradley Arant Boult Cummings LLP on

When it comes to actions arising out of damage to property by a contractor, especially in the residential real property context, Tennessee courts typically balance the cost to repair versus the diminution in value of the...more

Ballard Spahr LLP

Fiat Chrysler Car Hacking Case Put In Neutral

Ballard Spahr LLP on

Plaintiff lawyers’ continued search for damage theories to assert in claims arising from a data breach – or fear of a breach – received a potential setback this week when Chief Judge Michael Reagan of the United States...more

Saul Ewing Arnstein & Lehr LLP

Class Action Allegations Can Be Properly Stricken on a Motion to Dismiss in New Jersey

Saul Ewing Arnstein & Lehr LLP on

The New Jersey Appellate Division recently affirmed the dismissal of plaintiffs’ class allegations in Myska, et al. v. New Jersey Manufacturers Ins. Co., et al., Docket Nos. A-4398-13T4 and A-0275-14T4 (App. Div. May 8,...more

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