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The Legal Intelligencer

Penn Nat'l Security Ins. Co. v. Kapinus, PICS Case No. 17-1169 (C.P. Lackawanna July 12, 2017) Nealon, J. (21 pages).

Based on the unambiguous language of an insurance policy, a material misrepresentation by an insured to the insurer could void the policy even though the statement was allegedly made in connection with a claim, rather than at the time of the initial application. The insured was only required to cooperate in providing documentation in connection with a claim, and not with the insurer's attempt to deny coverage based on a policy exclusion.
6 minute read

The Legal Intelligencer

Cornell Narberth, LLC v. Borough of Narberth, PICS Case No. 17-1226 (Pa. Commw. July 14, 2017) Leavitt, J. (28 pages).

Municipality and building inspector entitled to Tort Claims Act immunity for erroneous issuance of building permit, where plaintiff's claim was one for negligence rather than breach of contract. Summary judgment affirmed.
7 minute read

The Legal Intelligencer

Justices to Review Contractor Liability for Dangerous Conditions

The Pennsylvania Supreme Court is set to decide whether liability should extend to a contractor for creating a dangerous condition on land that was discoverable by a subsequent owner or user of the land.
4 minute read

The Legal Intelligencer

Justices to Review Contractor Liability for Dangerous Conditions

The Pennsylvania Supreme Court is set to decide whether liability should extend to a contractor for creating a dangerous condition on land that was discoverable by a subsequent owner or user of the land.
9 minute read

New Jersey Law Journal

McCarter & English Ex-Practice Leader Adapts to Business World

With football season less than a month away, one former Big Law partner who represented the National Football League's New York Giants and New York Jets on the construction of MetLife Stadium is getting ready for a new season of her own.
22 minute read

The American Lawyer

Pinsent Masons Raids Norton Rose Fulbright for New Perth Office

The British firm has opened its third office in Australia after hiring construction and engineering partners Rob Buchanan, Matthew Croagh, Adrienne Parker and Bill Ryan from Norton Rose Fulbright in Perth.
3 minute read

Corporate Counsel

Deputy GC of One of the Largest Homebuilders Talks About Constructing a Strong Legal Team With Outside Counsel

Atlanta-based PulteGroup Inc. has seen a lot of leadership changes lately. One constant in the legal department over the past 13 years, however, is vice president and deputy GC Ellen Padesky Maturen.
5 minute read

The Legal Intelligencer

Sycamore Restaurant Group, LLC v. Stampfi Hartke Assoc., LLC, PICS Case No. 17-1198 (Pa. Super. July 12, 2017) Lazarus, J. (15 pages).

Trial court properly found architectural firm liable only for rent and construction loan interest in action by restaurant asserting breach of an architectural and engineering services contract because trial court properly excluded change request documents since those documents were not modifications to the contract and were not proper evidence of rock removal and dewatering costs as they were created by a third party and there was no evidence to corroborate the authenticity of the documents. Affirmed.
3 minute read

The Legal Intelligencer

Clearwater Construction, Inc. v. Northampton Co. General Purpose Auth. et al, PICS Case No. 17-1182 (Pa. Commw. July 10, 2017) Cohn Jubelirer, J. (15 pages).

Addressing an issue of first impression, the court found that a construction company that unsuccessfully bid on a municipal project governed by the Public-Private Transportation Partnership Act lacked standing to challenge the propriety of the selection process. The court affirmed a trial court decision finding that plaintiff lacked standing.
6 minute read

New York Law Journal

The Homeowners' Exemption

In his Construction Accident Litigation column, Brian J. Shoot discusses who, precisely, are "owners" of "one and two-family dwellings" for the purposes of exemption from Labor Law §§240 and 241, and the two principal exceptions to the exemption.
33 minute read

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