NO FEE UNLESS YOU WIN   |

What laws govern homeowners associations in South Carolina? What is the South Carolina Homeowners Association Act?

In addition to South Carolina law on horizontal property regimes and the covenants that properties can be subjected to, South Carolina law regulates homeowners associations through the South Carolina Homeowners…

Read More

The Fifth Circuit Joins the Majority of Circuits in Holding the Availability of Class Arbitration is an Issue to be Decided by the Court, Not an Arbitrator

The door to class arbitration, and class actions generally, continues to be pushed closed.  In its 20/20 Communications, Inc. v. Crawford decision issued at the end of July of 2019,…

Read More

Notice Clauses in Insurance Policies, the South Carolina Supreme Court’s Neumayer Decision, and Construction Defect Cases

In its Neumayer opinion issued at the end of July, the South Carolina Supreme Court resolved an issue specific to an automobile liability insurance policy but in doing so, alluded…

Read More

Does Homeowner’s Insurance Cover Defective Construction?

For many homeowners experiencing problems from improper construction work, their first thought is to make a claim with their homeowner’s insurance.  Not only will their homeowner’s insurance usually not cover…

Read More

California Court Holds that “Care, Custody or Control” Exclusion in Additional Insured Endorsement Only Bars Coverage for AI Where There Was Exclusive or Complete Control

A general contractor (“GC”) was covered as an additional insured on its roofing subcontractor’s commercial general liability (“CGL”) policy.  In a construction defect action related to roofing, the insurer refused…

Read More

Tenth Circuit Finds Ambiguous and Interprets in Favor of the Insured “That Particular Part” Language in CGL Policy Exclusions j(5) and j(6)

In MTI, Inc. v. Employers Insurance Co. of Wassau, 913 F.3d 1245 (10th Cir. 2019), the Tenth Circuit addressed the language “that particular part” in exclusion j(5) and j(6) in…

Read More