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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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The Eeoc Under A Trump Administration

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President Donald Trump appointed Victoria Lipnic (“Ms. Lipnic”) as the new Chairwoman of the Equal Employment Opportunity Commission (“EEOC”).   Ms. Lipnic is not new to the EEOC.  She has been an EEOC Commissioner since 2010 and was a President Obama appointee.  She has assured the employment community that she will not undo the EEOC’s “pro-employee”…
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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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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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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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Court Of Appeals Of Kentucky Reverses A Lower Court’s Decision Granting A Motion For Summary Judgment Based On The Economic Loss Doctrine.

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In D.W. Wilburn, Inc. v. K. Norman Berry Associates, Architects, PLLC, No. 2015-CA-1254-MR (Ky. Ct. App. Dec. 22, 2016), the Kentucky Court of Appeals reversed a lower court’s grant of summary judgment in favor of Third-Party Defendant K. Norman Berry Associates, Architects, PLLC, the architect hired by the Oldham County Board of Education to design…
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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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