News & Analysis as of

Bodily Injury Construction Industry

Segal McCambridge

New York Labor Law Appellate Division Round-Up

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Issues involved with construction accidents in New York are very fact-specific, and it is important to obtain testimony and evidence of all aspects of the construction project to try and defeat a summary judgment motion....more

Spilman Thomas & Battle, PLLC

A Look at the Pennsylvania Statute of Repose

The Pennsylvania Statute of Repose for Improvements to Real Property, 42 Pa. C.S. § 5536 (PA Statute of Repose) is a powerful tool that provides protections to persons lawfully performing or furnishing the design, planning,...more

Morris James LLP

Construction Accidents FAQs

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1. What is a construction accident lawsuit? A construction accident lawsuit is a legal claim made by someone who has been injured on a construction site as result of negligence or a safety violation. This could involve...more

Miles Mediation & Arbitration

Construction Law and Alternative Dispute Resolution: A Look at Current Trends

Construction law encompasses a vast area of state and federal laws, rules, and regulations. Construction lawsuits may include issues of commercial law, contract law, employment law, environmental law, personal injury claims,...more

Saiber LLC

The Saiber Construction Law Column: June 2023

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A statute of limitations is a law that sets the maximum amount of time that parties to a dispute have to file a formal legal proceeding to resolve the dispute. In New Jersey, the statute of limitations for bringing a...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - November 2021

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Second Circuit Holds That General Contractor’s “True Excess” Policy Covers Owner Before Owner’s Primary Policy Because Of General Contractor’s Contractual Indemnity Obligation to Owner- The Long Island Railroad on behalf...more

Cohen Seglias Pallas Greenhall & Furman PC

Protect Your Construction Project: Top 10 Insurance Provisions to Know

Presented by Jonathan A. Cass on April 27, 2021. Construction projects are dangerous places—people get hurt and property gets damaged. Whether you are a general contractor, a construction manager, or a subcontractor, it is...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 2021

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Kenneth Jacobson was injured on a construction site, and he sued the owner of the premises and the general contractor (“GC”). The owner and GC filed a third-party action for contribution against a subcontractor insured by...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Protect Your Construction Project: Top 10 Insurance Provisions to Know - April 27th, 12:00 pm - 1:00 pm ET

Construction projects are dangerous places—people get hurt and property gets damaged. Whether you are a general contractor, a construction manager, or a subcontractor, it is imperative that you understand the importance of...more

Faegre Drinker Biddle & Reath LLP

Pennsylvania Appellate Court Rejects Application of the Statute of Repose in Effect in the State Where an Injury Occurred Under...

The Pennsylvania Superior Court, the state’s mid-level appellate court, recently held in Kornfeind v. New Werner Holding Co., 2020 PA Super 266, that Pennsylvania’s “borrowing statute” applies only to foreign statutes of...more

White and Williams LLP

Two Recent Cases Highlight the Importance of Complying With New York’s Coverage Disclaimer Rules

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As two recent cases demonstrate, a coverage disclaimer in New York is only as good as its compliance with that state’s various rules for perfecting a disclaimer in connection with a bodily injury claim. Under New York...more

Poyner Spruill LLP

A Deadly Year in Construction

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2018 was the deadliest year for North Carolina construction workers in more than five years. For fiscal year 2018, the North Carolina Department of Labor reported 49 work-related fatalities. Of these, 49% (24) were...more

Bradley Arant Boult Cummings LLP

Ohio Supreme Court Bucks Recent Trend and Holds No Coverage for Construction Defects Under Commercial General Liability Policy -...

The insurance coverage analysis under a commercial general liability (“CGL”) insurance policy begins with the “insuring agreement.” The standard CGL policy provides coverage for “those sums that the insured becomes legally...more

Burr & Forman

Say What? The Rise of Criminal Liability for Construction Accidents

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Last week marked the end of Construction Safety Week 2018, a combined effort by the Construction Industry Safety (CISI) group and the Incident and Injury Free (IIF) CEO Forum. ...more

Butler Snow LLP

Finally, a happy Additional Insured!

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We have noted, again and again, examples of disappointed Additional Insureds. Today we report that at least one Additional Insured has left the Courthouse smiling. It was, however, to paraphrase Wellington, a near-run...more

Bradley Arant Boult Cummings LLP

The Importance of Maintaining a Safe Construction Site

In October, a Florida jury found a general contractor liable for $45 million for the death of a motorist killed by one of the contractor’s trucks pulling out of a road construction job site. The case highlights the importance...more

Lewitt Hackman

No Excuses: Preventing Construction Site Accidents and Remembering the Dead

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With Spring comes not only warmer weather, a change in time, and the start of baseball, but a return of construction projects as builders begin another season of home and commercial building. ...more

Carlton Fields

Connecticut Workers’ Compensation Carriers May Pursue Justice

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Workers’ compensation statutes impose liability without fault on the employers of men and women who are injured on the job. They also permit employers to recoup the costs they incur from any third parties who actually caused...more

Carlton Fields

“Contractor?” I Do Not Think That Employers’ Liability Exclusion Means What You Think It Means

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Over the summer, this blog reported on how the Supreme Court of Pennsylvania managed to parse an employer’s liability exclusion to find that it did not exclude claims by employees of additional insureds. As the leaves started...more

Proskauer - Insurance Recovery & Counseling

Pennsylvania Supreme Court Holds That Insured May Settle Tort Claim Without Insurer Consent Under “Fair and Reasonable” Standard

In Babcock & Wilcox Co. v. American Nuclear Insurers, a divided Supreme Court of Pennsylvania, deciding an issue of first impression under Pennsylvania law, recently held that when an insurer defends its insured subject to a...more

Carlton Fields

Fifth Circuit Finds Erosion in Texas—Because Endorsements Are Transformative

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In Amerisure Mut. Ins. Co. v. Arch Specialty Ins Co., No. 14-20239 (5th Cir. April 21, 2015), a case that applied Texas law, the U.S. Court of Appeals for the Fifth Circuit recently held that the word “expenses,” as used in a...more

Bradley Arant Boult Cummings LLP

California Expands the Duty of Professional Consultants

Professional consultants and sub-consultants provide essential services to a Project during its planning, design, construction, and acceptance. In some jurisdictions, they enjoy protections from liability for “economic...more

Carlton Fields

Construction Case Law Update - November 2014

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Personal Injury Liability, Design Standards, Slavin Doctrine, and Certorari Jurisdiction – Certiorari jurisdiction can arise where two parties in the same legal position move for summary judgment under the same theory...more

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