Showing all results for category “construction”

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

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

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.

East Coast CM Report of Recent Decisions – 2015 Vol. 4

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Checking Lighting Fixtures At A Construction Project Is Routine Maintenance And Not A Protected Activity Under The New York Labor Law
In Guevera v. Simon Prop. Group, Inc.,

CM Report of Recent Decisions – 2015 Vol. 4

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*SIDEBAR: Six-Person Juror Law Held Unconstitutional By Illinois Trial Court
In Volume 4 of our 2014 CM Report, CM partners Scott Ritchie and Sava Vojcanin alerted our friends in the industry to a new piece of legislation reducing the number of jurors in trials from twelve to six.

Worker Driving His Mother’s Car Entitled To Employer’s Auto Coverage

The 1st District Appellate Court recently held that an employee on his way to work in his mother’s automobile was entitled to his employer’s liability automobile coverage because the employee was using the automobile “in connection with”

Court Construes Ensuing-Loss Clause In Property Policy

The 1st District Appellate Court recently construed a first-party property insurance policy exclusion for faulty workmanship, with an ensuing loss exception, to allow coverage for inventory damaged by debris that fell during a roof replacement project at a carpet store.

East Coast CM Report of Recent Decisions – 2015 Volume 3

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Acceptance Of A Check In Full Settlement Of A Claim Only Operates As An Accord And Satisfaction When The Person Receiving … Has Been Clearly Informed Of Same
In reversing an order from the trial court denying the insurer defendant’s motion for summary judgment,

‘Executed’ Requirement In Insurance

The 2nd District Appellate Court recently held that a general contractor was an additional insured under a subcontractor’s liability policy, even though the subcontract agreement requiring that the general to be added was not signed and only appended to a work “proposal”

Feldman And Stewart Obtain Summary Judgment For General Contractor Defendant

CM partner Ian Feldman and associate Meredith Stewart recently obtained a favorable result for their general contractor client who was named as a defendant in a personal injury lawsuit. Plaintiff was an employee of a subcontractor hired by CM’s client to perform concrete work at a residential remodel project where CM’s client served as the general contractor.

Defense Department’s Success In New York Continues

Summary Judgment Granted In Favor Of Clausen Miller’s Client In Engineering Malpractice Litigation

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