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Construction Defect

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SUING THE KING: State Sovereign Immunity And Tort Liability In All 50 States

Auto, Med Pay, PIP, Construction Defect, Contribution and Liability, Newsletter, Property, Subrogation, Workers' CompensationSeptember 7, 2016

Ronald Reagan famously said, “The most terrifying words in the English language are: I’m from the government and I’m here to help.” Government has become almost synonymous with ineptitude. So it should be no surprise that every day people are…

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Subrogating Snowmageddon And Winter Roof Collapses

Construction Defect, Newsletter, Property, SubrogationFebruary 23, 2016

As someone whose childhood winter chores included “shoveling the roof”, I have an intimate familiarity with the concept of the potential for roof collapse from the weight of excessive snow and ice. Winter storms this season have produced all-time record…

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Subrogating Condominium Damage

Construction Defect, Newsletter, Property, SubrogationMay 21, 2015

Imagine opening the door to your condominium (“condo”) only to be confronted by several inches of standing water. The first call is to your insurance company, which must then consider not only mitigating, adjusting, and paying the claim, but subrogating…

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New Wisconsin Federal Court Decision Makes Made Whole Doctrine A Self-Fulfilling Prophecy

Construction Defect, Newsletter, Product Liability, Property, SubrogationMarch 30, 2015

What if the deck was stacked in such a way that insureds and tortfeasors could gerrymander and structure a tort settlement so as to ensure that the insured would never be “made whole”? Surely such ability would be a legal…

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Wisconsin Supreme Court Clarifies When Homeowner Can Be Held Liable For Negligent Acts Of Independent Contractor

Construction Defect, Insurance Coverage, Insurance Defense, NewsletterFebruary 4, 2015

The independent contractor rule in Wisconsin generally provides that “one who contracts for the services of an independent contractor is not liable to others for the acts of the independent contractor.” Lofy v. Joint School District 2, 42 Wis.2d 253,…

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You Break It, You Buy It: Understanding Anti-Indemnity Statutes

Construction Defect, Contribution and Liability, Newsletter, Property, SubrogationApril 16, 2014

The song we learn in our youth is the song we sing for life. Children often blame others for their mistakes and misdeeds – a desperate effort to shift responsibility and avoid unpleasant consequences. As adults engaging in commerce, we…

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Understanding Pennsylvania’s Statutory Employer Defense

Construction Defect, Newsletter, Property, Subrogation, Workers' CompensationApril 15, 2014

Abraham Lincoln once said, “The best way to get a bad law repealed is to enforce it strictly.” When and whether an injured employee can sue an owner or subcontractor for a work-related injury in Pennsylvania has been a matter…

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