Subro Sense - The ABC's of RCV and ACV
California Court of Appeal Opens Doors for Construction Defect Claims Outside of the Right to Repair Act
Condo Water Invasion: Potential Medical Liability?
In 89 Holland Park (Management) Limited v Dell & Dell, the largest ever UK residential service charge dispute, the Court of Appeal has refused to allow a landlord to recover the legal costs of a dispute with its neighbour...more
The U.S. Court of Appeals for the Fifth Circuit recently reminded the legal community that liability for breach of the implied warranty of workmanlike performance (WWLP) is strict, and damages can end up being much more than...more
The Ninth Circuit Court of Appeals held that a U.S. Forest Service plan for commercial logging of some 4,700 acres of fire-damaged Mendocino National Forest could not reasonably be interpreted as falling within a NEPA...more
For subrogation practitioners dealing with an installation-based statute of repose, knowing what is an improvement to real property is the first battle in what can, but does not have to be, a long fight. Like many other...more
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
This week the Eighth Circuit issued its long-awaited decision in a class action against State Farm involving the “labor depreciation” issue that I have covered extensively on this blog. State Farm prevailed on both the merits...more
Recently in Johnson v. Arizona Registrar of Contractors, the Arizona Court of Appeals affirmed dismissal of a homeowner’s late appeal of an adverse decision by the Registrar of Contractors (“Registrar”)...more
Two new opinions show the Second DCA continues to hold that if an insurance policy providing sinkhole coverage authorizes the insurer to withhold payment for subsurface repairs until the policyholder presents a signed...more
In Stephens & Stephens XII v. Fireman's Fund Ins. (No. A135938, filed November 24, 2014), the plaintiffs obtained property insurance on a warehouse. Within a month, it was discovered to be stripped of all wiring and metal....more