Mississippi Legislation to Drastically Reduce Liability for Property Owners

The language within the bill would eliminate lawsuits against landowners in situations where injury was caused by a third party, unless claimants can prove: (a) The conduct of said third party occurred on the property; (b) The conduct of the person who owns, leases, operates, maintains or manages the property actively and affirmatively, with a degree of conscious decision-making, impelled the conduct of said third party; and (c) The third party’s conduct proximately caused the economic and noneconomic damages suffered by the injured party.

OHIO DECISION PARTS WAYS WITH THE NORM AS TO CONSTRUCTION DEFECT COVERAGE FOR GENERAL CONTRACTORS

On October 9, 2018, the Ohio Supreme Court issued an important decision in Ohio N. Univ. v. Charles Constr. Servc., Inc., Slip Opinion 2018-Ohio-4057.  Departing from the national majority view, the Ohio Supreme Court held that a general contractor's commercial general liability policy does not cover claims for property damage caused by a subcontractor's faulty work. … Continue reading OHIO DECISION PARTS WAYS WITH THE NORM AS TO CONSTRUCTION DEFECT COVERAGE FOR GENERAL CONTRACTORS

MISSISSIPPI AND DUTY TO DEFEND

For years I have discussed South Carolina and the unpredictable, evolving, and  sometimes perplexing treatment of insurance coverage as they pertain to construction defect claims.   As our law firm is based in the state of Mississippi, I have invited one of my partners, James Harper, to discuss the nuts and bolts of insurance coverage for construction defects … Continue reading MISSISSIPPI AND DUTY TO DEFEND