Topic
Construction Defect
638 published works
Hawaii Construction Law
Huge Summary Judgment Decision on Insurance Coverage for Construction Defects
By Anna Oshiro
Judge Patrick Border issued a Minute Order yesterday granting summary judgment to insureds in an enormous ongoing construction defect litigation class action lawsuit. The Minute Order, which I will attempt to…
The Policyholder Perspective
Coverage For Construction Defects
A hypothetical: The roof of a parking garage that is part of a condominium development partially collapses, destroying landscaping over the collapsed section of the roof and the floors underneath the…
Insurance Law Hawaii
Insurer Must Cover Construction Defects Claims Under Actual Injury Rule
The Texas Court of Appeals held that the insured need not prove the exact dates physical damage occurred in order to trigger defense and indemnity coverage. Vines-Herrin Custom Homes, LLC v.…
Construction & Transition Litigation Law Blog
Buyer Beware of Defects in New Construction
Gene Markin, member of Stark & Stark’s Construction Litigation Group, authored the article, Buyer Beware of Defects in New Construction, for the January 30, 2012 edition of the New Jersey…
Real Estate Advisor Law Blog
Reminder: Statutes Require Residential Builders to Provide Certain Notice to Home Buyers
Ohio and Kentucky statutes require residential builders to provide certain notice to home buyers. While there is no new law on this, the construction attorneys of Ulmer & Berne LLP have…
Insurance Law Hawaii
Insurer Not Entitled to Summary Judgment on Construction Defect Claims
The insurer unsuccessfully moved for summary judgment, contending it had no obligation to defend two related underlying construction defect cases. Amerisure Ins. Co. v. R.L.Lantana Boatyard, Ltd., 2012 U.S. Dist.…
Hawaii Construction Law
New Economic Loss Doctrine case from Kansas
By Anna Oshiro
In David v. Hett, No. 98,419, 2011 Kan. LEXIS 657 (Kan. Dec. 30, 2011), the Supreme Court of Kansas held that the economic loss doctrine does not prohibit homeowners' claims against…
Property Insurance Coverage Law Blog
Refusal to Respond, Among Other Things, Results in Bad Faith Against Carrier
In a federal case from Washington, a company providing general contracting services found itself facing lawsuits for construction defects and its insurance company would not respond to its requests for…
Insurance Law Hawaii
Hawaii Federal District Court Stays Coverage Action
The insured moved to dismiss the insurers' action for declaratory judgment because a parallel action was pending in Missouri state court. Axis Surplus Ins. Co. v. McCarthy/Kiewit, 2012 U.S.…
Hawaii Construction Law
Hawaii U.S. District Court Again Notes Legislature’s Excoriation of the Group Builders Decision
By Anna Oshiro
The Group Builders decision continues to generate insurance coverage litigation and legal gymnastics through state courts applying often directly conflicting law on CGL coverage for construction defects. Another recent example…