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The Rough Notes Company Inc.

Court Decisions

Faulty rebar spurs coverage dispute

Faulty rebar spurs coverage dispute M.A. Mortenson Company was a general contractor hired by the city of Lincoln, Nebraska, to build the Pinnacle Bank Arena. Mortenson entered into a purchase agreement with Drake-Williams Steel, Inc. (DWS), to supply rebar for the arena. The rebar was improperly bent when it was fabricated by DWS and therefore did not conform to the terms of the purchase agreement. The rebar was bent at

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Was defective workmanship damage an occurrence?

Was defective workmanship damage an occurrence? In December 2008, the Cedar Bend Humane Society (CBHS) contracted with the Samuels Group, Inc., to design and build CBHS’s new animal adoption facility. Samuels then subcontracted various parts of the project to others. The production of the design plans for the project’s plumbing and heating, ventilation, and air-conditioning systems was subcontracted to Bracket Engineering Consulting, LLC. Samuels also subcontracted with Hudson Hardware Plumbing

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Slip-sliding away: Insured seeks coverage for subsurface repair

Slip-sliding away: Insured seeks coverage for subsurface repair After noticing damages to their house in 2008, James and Rhonda Case filed a claim with their homeowners insurer, Tower Hill Prime Insurance Company, which then hired an engineering firm, Rimkus Consulting Group, Inc., to evaluate the property. The engineer reported sinkhole damage and recommended subsurface compaction grouting at an estimated cost of $91,000. Tower Hill acknowledged coverage for the damages under

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Parsing the meaning of “drowning”

Parsing the meaning of “drowning” Richard and Lorayna Papousek owned and operated a crop and livestock ranch in Quinn, South Dakota. A massive storm named Winter Storm Atlas struck the area October 3-5, 2013. The storm began as rain and then turned into snow. After the storm subsided, the Papouseks discovered that 93 of their yearling heifers were dead. The Papouseks hired Jim McConaghy, DVM, to ascertain the cause of

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Window washing woes

Window washing woes In a lawsuit that preceded this case, the Clinton Condominium Owners Association brought claims for negligence and breach of contract against We Do Windows, Inc., a window washing company that the association had hired to work at its condominium building. We Do Windows tendered those claims to its general liability insurer, Truck Insurance Exchange (TIE), to defend and indemnify it. The insurer denied the tender. At some

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