In Penn-America Insurance Company v. Bay State Gas Company, 96 Mass. App. Ct. 757 (2019), the Appeals Court of Massachusetts considered whether the plaintiff’s claims against the defendant, arising from an alleged defect in...more
2/4/2020
/ Appeals ,
Construction Defects ,
Construction Project ,
Failure To Maintain ,
Insurance Industry ,
Motion for Summary Judgment ,
Natural Gas ,
Oil & Gas ,
Reversal ,
Statute of Repose ,
Subrogation ,
Utilities Sector
In Westfield Ins. Group v. Pure Renovations, LLC, 2019-Ohio-4773, 2019 Ohio App. LEXIS 4829, the Court of Appeals of Ohio considered whether the lower court properly granted the defendant’s summary judgment motion. In its...more
In Joella v. Cole, 2019 PA Super. 313, the Superior Court of Pennsylvania recently considered whether a tenant, alleged by the landlord’s property insurance carrier to have carelessly caused a fire, was an implied co-insured...more
11/15/2019
/ Appeals ,
Co-Insured Issues ,
Cross Motions ,
Fires ,
Landlord and Tenant Acts ,
Landlords ,
Motion for Summary Judgment ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Reasonable Expectation of Coverage ,
Rental Property ,
Subrogation ,
Tenants
In Westfield Insurance Group v. Silco Fire & Security, 2019 Ohio App. LEXIS 2810, the Court of Appeals of Ohio, Fifth Appellate District addressed whether the trial court properly instructed the jury that the applicable...more
In Rural Mut. Ins. Co. v. Lester Bldgs., LLC 2019 WI 70, 2019 Wisc. LEXIS 272, the Supreme Court of Wisconsin considered whether a subrogation waiver clause in a construction contract between the defendant and the plaintiff’s...more
7/15/2019
/ Breach of Contract ,
Business Torts ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Contract Terms ,
Damages ,
Insurance Litigation ,
Negligence ,
Property Damage ,
Property Insurance ,
Subrogation ,
Waivers
In Western Heritage Ins. Co. v. Frances Todd, Inc. 2019 Cal. App. Lexis 299, the Court of Appeals of California, First Appellate District, addressed whether a commercial condominium association’s carrier could subrogate...more
5/3/2019
/ Additional Insured ,
CC&Rs ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Condominiums ,
Fire Insurance ,
Insurance Litigation ,
Liability Insurance ,
Motion for Judgment ,
Subrogation
In Netherlands Ins. Co. v. Cellar Advisors, LLC, 2019 U.S. Dist. Lexis 10655 (E.D. Mo.), the United States District Court for the Eastern District of Missouri considered the scope of a waiver of subrogation clause in two wine...more
In United Services Automobile Association v. Broan-Nutone, LLC, No. 218-2017-CV-01113, the Superior Court of Rockingham County, New Hampshire recently considered whether the eight-year statute of repose for improvements to...more
In Youell v. Cincinnati Ins. Co., 2018 Ind. App. LEXIS 497 (2018), the Court of Appeals of Indiana considered whether a landlord’s carrier could bring a subrogation claim against a commercial tenant for fire-related damages...more
In Kmart Corp. v. Herzog Roofing, Inc., 2018 Wisc. App. Lexis 842, the Court of Appeals of Wisconsin considered whether the economic loss doctrine barred the plaintiff’s negligence claims against the defendant roofer for...more
In Kim v. Toyota Motor Corp., 6 Cal.5th 21 (Cal. 2018), the Supreme Court of California considered whether the trial court properly allowed the defendant to introduce evidence of industry custom and practice in defense of a...more
In Muncie v. Wiesemann, 2018 K.Y. LEXIS 257, the Supreme Court of Kentucky considered whether stigma damages in a property casualty case are recoverable in addition to the costs incurred to remediate the actual damage. The...more
In Amica Mutual Insurance Company v. Muldowney, 328 Conn. 428 (2018), the Connecticut Supreme Court considered whether a landlord’s insurance carrier could subrogate against the landlord’s tenants for property damage when the...more
5/9/2018
/ Commercial Leases ,
Commercial Property Owners ,
Commercial Real Estate Contracts ,
CT Supreme Court ,
Landlords ,
Property Damage ,
Property Insurance ,
Subrogation ,
Tenants ,
Termination Clauses ,
Waivers