Indalex Inc. v. Nat’l Union Fire Ins. Co., 2013 PA Super 311 (Pa. Superior Court, 2014)

Posted by on Feb 5, 2015 in Uncategorized

Summary: The underlying complaints for which the insureds sought a defense alleged defective products resulting in property loss, to property other than the insureds’ products, and personal injury, which sufficiently stated an occurrence as defined by the applicable policies.  The insurer was obligated to defend the insureds because they set forth tort claims based on damages to persons or property of the homeowners, other than the insureds’ product. Facts: The...

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College Woods Homeowners Ass’n v. Trappe Borough, 96 A.3d 465 (Pa. Commonwealth Court, 2014)

Posted by on Jan 27, 2015 in Uncategorized

Summary: College Woods Homeowners Association sought to compel Trappe Borough (the “Borough”) to accept the dedication of two streets, along with emergency access ways (collectively, the Streets) within the College Woods residential development (the Development). College Woods is an intended third party beneficiary with standing to enforce a Subdivision and Development Agreement (Agreement) between the Borough and the developer of the Property, and the Agreement imposes a...

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Nertavich v. Ppl Elec. Utils., 2014 Pa. Super 184 (Pa. Superior Court, 2014)

Posted by on Jan 16, 2015 in Uncategorized

Summary: An electric company did not retain sufficient control of the premises to subject it to liability in an action by an employee of an independent contractor, because the evidence did not show that it “retained control” of the job site based upon the contractual provisions between the parties or based on its actual conduct.  Facts: Plaintiff obtained a judgment for the injuries he sustained when he fell 40 feet while working as the employee of an...

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Waller Corp. v. Warren Plaza, Inc., 2014 Pa. Super 134 (Pa. Superior Court, 2014)

Posted by on Jan 7, 2015 in Uncategorized

Summary: Attorney’s fees were properly awarded to a general contractor (GC) in its breach of contract action under the Contractor and Subcontractor Payment Act, 73 Pa. Stat. Ann. §§ 501-516,  because the GC was the “substantially prevailing party” under 73 Pa. Stat. Ann. § 512(b) and the fees charged were reasonable. Facts: Owner hired GC to construct a fifteen-unit apartment building.  During the project, at least eight change orders were memorialized....

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Milliken v. Jacono, 96 A.3d 997 (Pa. Supreme Court 2014)

Posted by on Dec 29, 2014 in Uncategorized

Summary: Purely psychological stigmas are not material defects of property that sellers must disclose to buyers and, therefore, a failure to disclose the same to the buyer of a house does not constitute fraud, negligent misrepresentation, or a violation of the Unfair Trade Practices and Consumer Protection Law, 73 Pa. Stat. Ann. § 201-2(4)(xxi). Facts: Konstantinos Koumboulis shot and killed his wife and himself inside his house. The murder/suicide was highly publicized in...

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Shafer Elec. & Constr. v. Mantia, 96 A.3d 989 (Pa. Supreme Court, 2014)

Posted by on Dec 18, 2014 in Uncategorized

Summary: The Home Improvement Consumer Protection Act, 73 Pa. Stat. Ann. §§ 517.1-517.18 9 (the “Act”), does not bar a contractor from recovery under a theory of quantum meruit in the absence of a valid and enforceable home improvement contract as defined by the Act.  “Quantum meruit” is essentially a claim for unjust enrichment, which implies a contract and requires the defendant to pay to the plaintiff the value of the benefit conferred. Facts: Homeowners hired a...

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