Showing all results for category “construction”

Insurer Found To Have No Warranty Liability To Assignees Of Tort Claim

August 10, 2021 / Writing and Speaking

By Don R. Sampen, published, Chicago Daily Law Bulletin, August 10, 2021

The 7th U.S. Circuit Court of Appeals recently held that a subcontractor’s waiver of the Kotecki cap did not subject the subcontractor’s insurer to liability for the subcontractor’s alleged breach of warranty,

Policy Precludes Third-Party Coverage Bid

May 3, 2016 / Writing and Speaking

The 3rd District Appellate Court recently held that an additional insured under a liability policy could not establish its right to coverage by relying on allegations contained in its third-party complaint against the named insured.

Perri And Leis Obtain Early Dismissal Of Claims In Construction Defect Litigation

April 17, 2016 / News

Carl Perri and Matthew Leis, partners of the New York and New Jersey offices of Clausen Miller’s Professional Liability and Casualty Defense Practice Group, recently won summary judgment on behalf of our paving company client in a construction defect action after lengthy motion practice.

Insurer Not Responsible For Subcontractor’s Underlying Settlement For Its Faulty Work

April 13, 2016 / News

Metro North, the governing body of a condominium in Chicago, filed suit against the developer, multiple contractors and multiple subcontractors for defective construction that caused, among other issues, water infiltration. CSC Glass, one of the subcontractors,

Defense Department’s Success In New York Continues

April 13, 2016 / News

Summary Judgment Granted In Favor Of Clausen Miller’s Client In Construction Defect Litigation

 

Carl M. Perri (NY/NJ Shareholder) and Matthew T. Leis (NY/NJ Partner) in Clausen Miller’s Professional Liability and Causality Defense department,

Additional Insureds Finds Timely Notice Just As Important As For Insureds

March 2, 2016 / Writing and Speaking

The 1st District Appellate Court recently held that an additional insured has obligations similar to a named insured in giving prompt notice of an occurrence or lawsuit to the insurer, and that the additional insured’s failure to comply negated coverage.

Successor To Principal On Surety Bond Has Duty To Make Good To The Surety

January 6, 2016 / Writing and Speaking

The 2nd District Appellate Court recently held that the successor in interest to a bankrupt developer under an annexation and development agreement between the developer and city of Elgin was potentially obligated to the developer’s surety upon the successor’s default under the agreement.

East Coast CM Report of Recent Decisions – 2016 Vol. 1

January 1, 2016 / CM Reports

Articles in this report

Bailees Who Purport To Exempt Themselves From All Liability, Even For Their Own Negligence, Run Afoul Of UCC 7-204
In XL Specialty Ins. Co. v. Christie’s Fine Art. Stor.

5th District Declares Duty To Deliver On Equitable Relief, Future Harm Tenders

December 15, 2015 / Writing and Speaking

he 5th District Appellate Court recently held that an insurer had a duty to defend an insured sued in a complaint seeking declaratory relief, which also sought “other relief,” apparently for future property damage, and further held that the animal pollution alleged in the complaint was not “traditional”

Vicarious Liability Triggers Defense Duty

October 20, 2015 / Writing and Speaking

The 1st District Appellate Court recently held that an insurer had a duty to defend an additional insured who was entitled under the policy to coverage solely for vicarious liability, even though the underlying complaint against the additional insured included no allegation of vicarious liability.

  • Chicago

    Illinois 60603

    10 South LaSalle Street

    Chicago, Illinois 60603

    T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Carl M. Perri

  • Mission Viejo

    California 92691

    27285 Las Ramblas

    Suite 200

    Mission Viejo, California 92691

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

    T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

    T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partners: Paige M. Neel, Kimbley A. Kearney

  • Appleton

    Wisconsin 54914

    4650 W. Spencer Street

    Appleton, Wisconsin 54914

    T: 920.560.4658 TF: 800.826.3505 F: 920.968.4650 Office Managing Partner: Patrick L. Breen

  • Stamford

    Connecticut 06902

    68 Southfield Avenue

    2 Stamford Landing Suite 100

    Stamford, Connecticut 06902

    T: 203.921.0303 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33609

    4830 West Kennedy Boulevard, One Urban Center

    Suite 600

    Tampa, Florida 33609

    T: 813.509.2578 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.745.3598 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Houston

    Texas 77019

    2929 Allen Parkway

    American General Center, Suite 200

    Houston, Texas 77019

    T: 346.229.4612 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Boca Raton

    Florida 33434

    7777 Glades Road

    Suite 405

    Boca Raton, Florida 33434

    T: 561.765.5305 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick