Filing a Mediation Demand does not Toll Statute of Limitations for Filing Suit

by Kent Holland | Feb 14, 2019 | Newsletter Article

Negligence lawsuit by project owner against its architect was barred by the three year statute of limitations, which accrued on the date the building permit was issued. The court rejected the owner’s argument that the statute of limitations period was tolled by its...

Warranty of Habitability Suit Barred by Statute of Limitations for Contracts Instead of Torts

by Kent Holland | Feb 14, 2019 | Newsletter Article

A breach of implied warranty of habitability suit against a homebuilder is held to be a breach of contract action rather than a tort (negligence) action and the statute of limitations/statute of repose period applicable to breach of contract (running 4 years from date...

Resulting Loss from Faulty Work are Covered by Homeowner Policy

by Kent Holland | Feb 13, 2019 | Newsletter Article

Homeowner’s insurance policy carrier denied coverage for losses that occurred in connection with construction of an addition to the homeowner’s house that was to serve as an observatory. The addition included construction of a telescope support system that included...

Faulty Work is not Occurrence Covered by CGL Policy Even Under Subcontractor Work Exclusion

by Kent Holland | Feb 13, 2019 | Newsletter Article

Property damage caused by a subcontractor’s faulty work does not meet the definition of an “occurrence” under the CGL insurance policy because faulty work is not fortuitous. This Ohio Supreme Court decision differs from the coverage determinations of the courts of...

Contractual Liability Exclusion in Homeowner Policy Does not Bar Carrier’s Duty to Defend against Tort Claims for Damages arising out of Negligent Excavation

by Kent Holland | Jan 22, 2019 | Newsletter Article

A homeowner insurance policy was required to defend the homeowner/seller of a house against a personal liability lawsuit by a purchaser that alleged damages resulting from a rock slide allegedly caused by the seller’s breach of contract and negligence. The carrier...

Contractor Suit against Engineer for Negligent Design Dismissed

by Kent Holland | Jan 22, 2019 | Newsletter Article

Contractor sued engineer for damages it claimed it sustained as a result of negligent design that the engineer prepared for a project owner. Although an engineering firm could owe a duty to reasonably draft and interpret project specifications and it could be...