A waiver of subrogation clause is a contractual provision, which prohibits an insurance carrier from recovering monies they paid on a claim due to the negligence of a third party. This occurs when the insurance carrier's insured waives the right to recover any monies against the other party. A waiver...
Coverage for Subcontractor Liability
The insurance company is not required to defend the general contractor against or indemnify the general contractor for claims for damage caused by its subcontractor’s defective work because the work is not an occurrence. Regarding subcontractor liability, the Ohio Supreme Court determined a subcontractor’s faulty work was not covered by...
When does the PUCO have jurisdiction over a claim
In Ohio, as in most states, public utilities have significant influence and power. One way in which the utility exercises that power is to try to move a case in litigation to a more utility-friendly venue, the Public Utilities Commission of Ohio (PUCO). Ohio Revised Code 4905.26 vests the PUCO...
Subcontractor Liability
Responsibility. Much of society and certainly the law is based on who will take responsibility. In Illinois, unfortunately, it won’t be those that hire independent or subcontractors. This post will focus on subcontractor liability and the separation between independent and general contractors.
Using Circumstantial Evidence to Prove a Product Defect
A claimant should keep in mind that it may have a product liability case even when damage to the product is too severe for the claimant to be able to pinpoint a specific defect within the product. Claimants can present circumstantial evidence to establish that a product was defective.
Design Engineering Failure
An insured had a grain storage and elevator system installed at their ranch by an engineering company that supposedly had considerable experience in constructing and designing such systems. Keis George discovered the company failed to design and construct the system within industry standards and regulations, leading to a construction defect...
Construction Instruction: A Look at the Building Industry
Growth in nonresidential construction is projected at more than 7.4% in 2016, according to the industry trade group Associated Builders and Contractors of America. Four key areas of growth stand out: large commercial residential buildings, infrastructure projects, renewable energy, and transformation of manufacturing or other commercial facilities into new uses....