The CGL and the Professional Liability Exclusion

by Kent Holland | May 6, 2014 | Newsletter Article, professional liability exclusion

Craig F. Stanovich Austin & Stanovich Risk Managers, LLC Article provided with permission of International Risk Management Institute, Inc.   In a case filed on March 13, 2014, the California Court of Appeal provided important commentary on the application of...

Court Bars Defendant’s Expert At Trial And Sanctions Defendant For Bad Faith Response To Requests to Admit – IL 2nd Dist.

by Kent Holland | May 6, 2014 | Newsletter Article

By:  Paul Porvaznik, Esq. A triple shot of defeat.  Actually, more like a quadruple shot.  The defendant in Fraser v. Jackson, 2014 IL App (2d) 130283, lost at trial in a personal injury suit, his expert was barred from testifying as a discovery sanction, his...

Contractual Requirement May be Waived Despite “Non-Waiver Clause” Stating to the Contrary

by Kent Holland | May 6, 2014 | Newsletter Article

Kent Holland, Esq. and James Rhodes, Esq. The Maryland Court of Appeals held that parties’ oral agreements and/or actions can waive a “condition precedent”, notwithstanding an explicit “non-waiver” clause in the contract. Hovnanian Land Investment Group, LLC v....

Contractually Imposed Time Limit for Filing Suit is Enforced to Dismiss Claim Against Home Builder

by Kent Holland | May 6, 2014 | Newsletter Article

Kent Holland, Esq. and James Rhodes, Esq. A federal court in Maryland granted the dismissal of several counts against the builder of a residential home in Maryland due to a contractually agreed upon shortening of the time otherwise available to file suit .  The...

Dispute Provision in Subcontract was Void Because It prevented Sub from Asserting Lien Rights

by Kent Holland | Apr 8, 2014 | Newsletter Article

Where a subcontract provided that the contractor was “the sole arbiter of all claims, disputes, and questions of any nature whatsoever arising out of the … subcontract,” the dispute clause was found to be void where the contractor attempted to use its authority under...

Court Bars Contractor’s Claim Against Commercial Paint Supplier for Negligent Misrepresentation Under Missouri’s ‘Economic Loss Doctrine’

by Kent Holland | Apr 8, 2014 | Newsletter Article

James N. Rhodes, J.D. ConstructionRisk, LLC A painting contractor attempted to bring an action against a commercial paint supplier for losses because the supplier’s improper product recommendation caused the contractor to have to remove the paint and reperform the...