Month

November 2013
In New York Schools Insurance Reciprocal v. Milburn Sales Co., Inc., 963 N.Y.S. 2d 152, 105 A.D.3d 716 (2nd Dep’t 2013), the New York Appellate Division, Second Department, narrowed the protection afforded by the work-product doctrine to investigations performed by independently retained experts. The Second Department reversed the trial court’s decision and held that work...
A recent Illinois appellate court opinion illustrates how a construction manager may be found to have entrusted work to a trade contractor and, ultimately, how the construction manager can be held liable for the acts of the trade contractor. Construction managers generally do not enter into contracts directly with the contractors who perform work on...
Heavy equipment fires occur frequently and can lead to substantial losses. The loss of the equipment itself is often compounded by the insured’s loss of use of the equipment.  For businesses that rely extensively on heavy equipment (e.g., agricultural and construction businesses), the loss of use/business interruption claim arising from such a fire can be...