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Court Decisions

    “Irreparable harm”? Not so fast

“Irreparable harm”? Not so fast

“Irreparable harm”? Not so fast Rebecca Fernandez–Andrew owned a house that was insured under a homeowners policy issued by Florida Peninsula Insurance Company (FPIC). Her house was damaged as a result of a plumbing leak that occurred on July 20, 2014, while the policy was in force. Fernandez-Andrew reported the loss to FPIC on July 30, 2014, and FPIC informed her that her covered damages would be repaired. The policy’s option

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Bar brawl breeds bad blood

Bar brawl breeds bad blood On July 14, 2014, Maurice Beaulieu filed a civil lawsuit seeking compensatory damages, interest, and costs from Barnie’s Bar & Grill for its alleged negligence. Beaulieu alleged that he “was violently attacked by a group of [other] patrons” while he “was a customer, licensee and invitee” at the bar. He asserted that Barnie’s Bar was liable for the attack for two reasons. First, he contended

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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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