by Kent Holland | Dec 31, 2010 | Newsletter Article
A tornado tore the roof of Haney’s house. Haney hired a contractor to repair the damage and filed a claim for damages with his homeowner’s insurer. Before the repairs were completed, rains further damaged the house. The insurer, Fire Insurance Exchange...
by Kent Holland | Dec 31, 2010 | Newsletter Article
Where a homeowner sought to recover under his homeowners insurance policy for mold damage that occurred from water from a burst pipe, the insurer denied the claim on the basis of a mold exclusion in the policy. The homeowner filed suit against the insurer seeking a...
by Kent Holland | Dec 31, 2010 | Newsletter Article
The prime contract between the project owner and general contractor included a provision stating that the statute of limitations for filing all claims would accrue on the date of substantial completion. Since the contract between the prime and its subcontractors...
by Kent Holland | Dec 31, 2010 | Newsletter Article
In O’Brien v. Miller, 876 N.Y.S. 2d 23 (2009), it was held that the state’s long arm statute does not support the exercise of personal jurisdiction over an architect that performed services in New Jersey pursuant to a contract he personally entered into in New Jersey...
by Kent Holland | Dec 31, 2010 | Newsletter Article
Where an insurance carrier brought a subrogation claim against a engineering firm and its subconsultants to recover insurance monies it had paid under its property policy to its insured townhouse owner as a result of damages to a party wall that occurred during...
by Kent Holland | Dec 31, 2010 | Newsletter Article
Where retaining walls for the foundation of a food distribution center began to evidence stress and potential failure, the building owner filed a suit against various design firms, contractors and subcontractors that had been involved in the design, inspection,...
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