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Florida Appeals Court Holds Contractor Not Liable For Playground Defects After City Failed To Give Contractor Notice And Opportunity To Cure Defects

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In Magnum Construction Management Corp. v. City of Miami Beach, No. 3D15-2239, 2016 WL 7232268 (Fla. Dist. Ct. App. Dec. 14, 2016), the Third District Court of Appeal of Florida found the City of Miami Beach was precluded from recovering damages for construction defects because it failed to provide Magnum Construction Management Corporation (“MCM”) with…
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United States Court Of Appeals For The Sixth Circuit Affirms A Lower Court’s Decision Granting A Motion For Summary Judgment Based On The Professional Services Exclusionary Provision In A Commercial General Liability Policy.

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In Orchard, Hiltz & McCliment, Inc. v. Phoenix Insurance Co., Nos. 16-1176 & 16-1231, 2017 WL 244787 (6th Cir. 2017), the United States Court of Appeals for the Sixth Circuit affirmed a lower court’s grant of Summary Judgment against the Engineer, Orchard, Hiltz & McCliment, Inc. (“OHM”) and in favor of Insurers, Phoenix Insurance Co….
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Alabama Supreme Court Holds Products Completed Work Hazard Aggregate Limit Does Not Apply In Addition To General Aggregate Policy Limit

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In Pharmacists Mut. Ins. Co. v. Advanced Specialty Pharmacy LLC, No. 1140046, 2016 WL 6819657 (Ala. Nov. 18, 2016), the Alabama Supreme Court reduced an award against a pharmacy’s general liability and umbrella insurer by $3M after finding underlying claims only were subject to the policies’ general aggregate limit, and not also the products/completed work…
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South Carolina Supreme Court Demonstrates Specificity Required In Reservation Of Rights Letters

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In Harleysville Group Ins. v. Heritage Communities, Inc., 2017 WL 105021 the South Carolina Supreme Court considered the impact that vague reservation of rights letters have on an insurer’s right to pursue its coverage defenses. The claim arose out of property damage to condominiums originally caused by the insureds’ faulty workmanship. After liability and damages were…
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The Insurance Tripartite Relationship Who Is My Client Anyway

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Insurance-appointed counsel should be familiar with the “tripartite” relationship. Those insurance-appointed counsel who defend under a reservation of rights (“ROR”) especially should be aware of the potential conflicts that befall such representation. One commentator aptly described the ROR defense as “deeply and unavoidably vexing.”1 The Supreme Court of Mississippi has recognized the “tripartite” relationship creates…
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Nevada Supreme Court Determines When A Notice Of Completion Is “Issued” For Purposes Of Commencement Of Actions Under Nrs 11.2055

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In Dykema v. Del Webb Communities, Inc., No. 69335, 2016 WL 7626184 (Nev. Dec. 29, 2016), the Nevada Supreme Court clarified when a notice of completion is “issued” under NRS 11.2055(1)(b), which establishes the date of substantial completion for statute of repose purposes.  The Court determined a notice is “issued” when it is recorded, not…
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Supreme Court To Rule On Legality Of Arbitration Agreements Precluding Collective Pursuit Of Claims By Employees

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As anticipated in light of the split among the Circuits, the Supreme Court agreed to consider whether arbitration agreements in employment contracts may preclude collective pursuit of claims.  In a growing trend, employers have included what are effectively class action bans within employment arbitration agreements.  The collective action waivers protect employers from the high defense…
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Ohio Jury Awards 12.5 Million Verdict Against Dupont Over Pfas

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An Ohio federal court jury recently awarded $10.5 million in punitive damages to a man who said DuPont’s chemical caused his cancer.  Plaintiff alleged his drinking water was contaminated by C8, a chemical used to make Teflon, from smokestack emissions at DuPont’s Washington Works plant.  The particles allegedly settled on the Little Hocking Water Association…
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Recent Case Involving Alternative Investments Receives Award For Respondent

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Our firm recently obtained an award from a FINRA panel denying all of Claimant’s claims and finding for Respondents.  The claim (Arbitration number 16-01352) was filed in May, 2016.  Claimant alleged claims of unsuitability, breach of fiduciary duty, breach of contract, failure to supervise, violation of the Alabama Securities Act, violation of securities regulatory rules,…
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