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Category Archives: Construction

Florida Supreme Court Sides With Policyholders on Concurrent Causation

cause-image  Sometimes — maybe even often — a loss arises because of a cause that is, at the same time, both covered and not covered by an insurance policy.  For example, a storm surge caused by the wind from a hurricane (covered) results in the swamping of an ocean-front home with sea water, which is commonly known as a “flood” (not covered).  What’s a court to do when the carrier issues its inevitable coverage denial to the policyholder? Read More

Weedo Is, At Long Last, Dead

hammer-boltThe New Jersey Supreme Court’s 1979 decision in Weedo v. Stone-E-Brick has been cited by courts across the country more than 2,000 times.  In a great many of those cases, the courts have used Weedo as precedent for a rule that simply wasn’t set forth in the opinion, itself.  In Cypress Point Condominium Assoc. v. Adria Towers, the New Jersey Supreme Court has now decided the issue that was not, in fact, addressed in Weedo and it was a big win for general contactors who seek insurance coverage for faulty workmanship. Read More

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