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professional-liability

Court of Appeals of South Carolina
Uncategorized

A. Tebele & Sons v. Certain Underwriters — Fire-loss coverage denial and agent verdict affirmed

The Court of Appeals affirmed across the board. The policy was not ambiguous merely because the endorsement used no special symbol next to the insured location or left the word “maintained” undefined. Read as a whole, the documents identified properties represented as fully sprinklered, and requiring a sprinkler system to be maintained in complete working order could not reasonably cover a system that had never been connected or made operational. Language covering additions under construction did not transform the unfinished sprinkler work into coverage for the destroyed building.

Texas Court of Appeals, Thirteenth District (Corpus Christi–Edinburg)
Uncategorized

Melden & Hunt v. Cantu — Citing the Certificate-of-Merit Statute and Promising a Future Affidavit Does Not Satisfy Texas’s Contemporaneous-Filing Requirement

The Thirteenth Court of Appeals held that an original petition that cites Texas Civil Practice and Remedies Code § 150.002(c) and promises a forthcoming certificate of merit does not substantially comply with the contemporaneous-filing requirement for professional-negligence claims against engineers, requiring reversal and remand for a determination on prejudice.

Supreme Court of Rhode Island
Uncategorized

Hurd v. H&H Real Estate (Hogan Associates) — Expert Testimony Required to Establish Real Estate Broker’s Standard of Care; Internet-Search Duty Question Not Within Common Knowledge

The Rhode Island Supreme Court affirmed summary judgment for a real estate brokerage, holding that the standard of care for screening prospective tenants—including whether a “basic internet search” is required in addition to a credit and criminal background check—is not within the common knowledge of laypeople and therefore requires expert testimony. Because the plaintiff was precluded from offering expert testimony after repeatedly failing to produce his expert for deposition, his negligence claim could not survive summary judgment.

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