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CGL Additional Insured Decision from Defective Construction in Myrtle Beach
In one of his earliest decisions as a newly appointed United States District Judge for the District of South Carolina, Judge Joseph Dawson waded into the complex world of additional…
Fifth Circuit Decision on CGL Coverage for Defective Construction Causing a Fire
The United States Court of Appeals for the Fifth Circuit recently issued an opinion in Gonzalez v. Mid-Continent Cas. Co.[1] which addresses three issues significant to insurance coverage for defective…
Federal Court Orders Sanctions in Class Action for Defendants’ Communications with Potential Class Members
In the recent decision in Mullen v. GLV, Inc.,[1] a federal court in Illinois certified a class action against a youth volleyball training business and its owners. The certified class…
North Carolina Court of Appeals Issues Decision that a Townhome Owners Association Could Not Pursue Construction Defect Claims
A recent decision from the North Carolina Court of Appeals, Shearon Farms Townhome Owners Association II, Inc. v. Shearon Farms Development, LLC, addresses who has the authority to bring construction…
Irony of Ironies: Corporations Seeking to Avoid their Own Arbitration Agreements when Faced with Mass Arbitration Filings
In what must be the irony of all ironies in the class action and arbitration world, the New York Times reports companies requiring their customers to pursue claims in arbitration…
An Arbitration Fantasy in the World of Fantasy Sports: Plaintiffs Compelled to Arbitrate with Defendants They Did Not Enter into Arbitration Agreements With
An addendum to the old adage that “bad facts make bad law” may be in order, with the addendum to be: “the sheer size and manageability difficulties of complex class…
Arbitration Is One Thing That Isn’t Bigger In Texas
In a decision issued at the end of November in Robinson v. Home Owners Management Enterprises, Inc.,[1] the Texas Supreme Court addressed whether the availability of class arbitration under the…
Seventh Circuit Court of Appeals Holds Breach of Contract Exclusion in E&O Policy Unenforceable
In a recent opinion in Crum & Forster Specialty Insurance Co. v. DVO, Inc.,[1] the United States Court of Appeals for the Seventh Circuit considered whether a breach of contract…
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,…
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…
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…
The U.S. Supreme Court Further Restricts the Availability of Class Arbitration
In its 2010 decision in Stolt-Nielsen, the United States Supreme Court held that a court may not compel class arbitration when an arbitration agreement is silent on whether class arbitration…
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…
Fourth Circuit Affirms Summary Judgment for Defendants in Product Defect Case on Failure to Show Defect or Causation
Plaintiffs brought product defect claims against an auto manufacturer alleging that the manufacturer’s vehicles experience unintended acceleration. The district court granted summary judgment for the manufacturer after excluding the opinions…
Illinois Joins Majority of Courts Holding that CGL Policies Cover Damages from Faulty Workmanship
A condominium association brought a lawsuit against a builder for defective work resulting in water infiltrating through the building envelope. The builder asserted third-party claims against subcontractors, and one of…