Author Archives: Kyle Rice

Know Your Limits: An Intro to Statutes of Limitations


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The newest episode of the Subro Sessions #podcast is out now. This episode tackles a central part of the #subrogation process: the statute of limitations and is hosted by David Huberman, Partner and Kyle Rice, Associate

In the latest episode of Subro Sessions, these White and Williams professionals tackle the core principles and issues brought up by the statute of limitations. They briefly explain what statutes of limitations are and explain the best ways to view and handle statutes in the subrogation process.

If you want to hear more about relevant subrogation topics, tune in on the third Tuesday of every month for the newest episode of Subro Sessions!

Check the all of our Subro Sessions podcast episodes.

This entry was posted in Podcast, Subrogation and tagged , .
Destructed Building

Improvement or Malpractice? Florida Court of Appeals Addresses Applicable Statute of Limitations


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In Am. Auto. Ins. Co. v. FDH Infrastructure Servs. LLC., No. 3D22-1143, 2023 Fla. App. LEXIS 3662, the Court of Appeals of Florida, Third District (Court of Appeals) addressed whether Florida’s two-year statute of limitations governing professional malpractice actions or  four-year statute of limitations governing improvements to real property was applicable to a claim involving a construction accident due to erroneous structural engineering calculations. The Court of Appeals determined that the four-year statute governing improvements to real property was more specific and governed only construction-based claims and, thus, was the appropriate governing statute. Continue reading →

This entry was posted in Construction Defects, Florida, Malpractice, Statute of Limitations-Repose and tagged , , , , .

Up in Smoke: Insurer’s Circumstantial Evidence Did Not Establish Negligence


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In Union Mut. Fire Ins. Co. v. Ace Caribbean Mkt., No. 21-2653,2023 U.S. App. LEXIS 8203 (2d Cir. Apr. 6, 2023), the United States Court of Appeals for the Second Circuit (Second Circuit) considered whether evidence that a fire may have originated in extension cords was sufficient to establish that: a) the owners/proprietors were negligent in their use of the extension cords; and b) their negligence was the cause of the fire. The Second Circuit held that the circumstantial evidence was not sufficient and affirmed summary judgment in favor of the defendant.

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This entry was posted in Negligence, New York and tagged , , , .
Signing Agreement

Family Matters: United States District Court Extends Sutton Rule to Undefined “Family”


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In Am. Reliable Ins. Co. v. Addington., No. 3:21-CV-00848, __ F.Supp.3d __, 2022 U.S. Dist. LEXIS 218436, the United States District Court for the Middle District of Tennessee (the District Court) considered whether a tenant’s live-in partner and the partner’s adult son constituted a “family” in the underlying lease and, thus, were implied co-insureds under the Sutton Rule. The District Court determined that the arrangement did constitute a “family” and that the Sutton Rule barred subrogation.

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This entry was posted in Landlord-Tenant, Sutton Doctrine, Tennessee, Uncategorized and tagged , .
Gavel

The Final Nail: Ongoing Repairs Do Not Toll the Statute of Repose


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In Venema v. Moser Builders, Inc., 2022 PA Super. 171, 2022 Pa. Super. LEXIS 414, the Superior Court of Pennsylvania (Superior Court) upheld an award of judgment on the pleadings from the Court of Common Pleas of Chester County (Trial Court). The Superior Court found that Pennsylvania’s 12-year Statute of Repose for improvements to real property (Statute of Repose) began to run upon the issuance of the certificate of occupancy following original construction of the home in 2003—not from the completion of repairs to the home that continued through 2008. Continue reading →

This entry was posted in Construction Defects, Pennsylvania, Statute of Limitations-Repose and tagged , , , .
Transportation

Pump the Brakes: Indiana Rules MCS-90 Endorsement Does Not Apply to Intrastate Trips


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In Progressive Southeastern Ins. Co. v. B&T Bulk, LLC, No. 21S-CT-496, 2022 Ind. LEXIS 131, the Supreme Court of Indiana (Supreme Court) reversed a decision of the Court of Appeals of Indiana (Court of Appeals), ruling that Form MCS-90 (MSC-90) endorsements on insurance policies do not apply to purely intrastate trips. In reversing the decision of the Court of Appeals, the court found that the Indiana Legislature’s incorporation of the federal Motor Carrier Act of 1980 (MCA) into the state code did not expand the MCA’s scope to include intrastate trips. Continue reading →

This entry was posted in Cargo - Transportation, Indiana and tagged , , .
Gavel

Utah Digs Deep and Finds “Design Defect” Includes Pre-Construction Geotechnical Reports


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The Supreme Court of Utah recently found that an incorrect pre-construction geotechnical engineering report is a “defective design.” Thus, actions arising from an incorrect geotechnical report are appropriately governed by Utah’s Economic Loss Statute (Statute), Utah Code Ann. § 78B-4-513(1). Continue reading →

This entry was posted in Construction Defects, Economic Loss Rule, Utah and tagged , , , , .
Fire

New Hampshire Applies Crete/Sutton Doctrine to Bar Subrogation Against College Dormitory Residents


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Pursuant to the Sutton Doctrine, first announced in Sutton v. Jondahl, 532 P.2d 478 (Okla. Ct. App. 1975), some jurisdictions consider a tenant a coinsured of its landlord absent an express agreement to the contrary. In Ro v. Factory Mut. Ins. Co., No. 2019-0620, 2021 N.H. LEXIS 34 (Mar. 10, 2021), the Supreme Court of New Hampshire held that the Sutton Doctrine, adopted by New Hampshire in Cambridge Mut. Fire Ins. Co. v. Crete, 846 A.2d 521 (N.H. 2004), extends to resident students in a college dormitory. Thus, absent specific language to the contrary, a student is an implied coinsured under the fire insurance policy issued for his or her dormitory. Continue reading →

This entry was posted in Anti-Subrogation Rule, Landlord-Tenant, New Hampshire, Subrogation, Sutton Doctrine and tagged , , , .
Community

Massachusetts Pulls Phased Trigger On Its Statute of Repose


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In D’Allesandro v. Lennar Hingham Holdings, LLC, 486 Mass 150, 2020 Mass. LEXIS 721, the Supreme Judicial Court of Massachusetts answered a certified question regarding how to apply the Massachusetts statute of repose, Mass. Gen. Laws ch. 260, § 2B, in regards to phased construction projects. The court held that, in this context, the completion of each individual “improvement” to its intended use, or the substantial completion of the individual building and the taking of possession for occupancy by the owner or owners, triggers the statute of repose with respect to the common areas and limited common areas of that building. Additionally, the court held that where a particular improvement is integral to, and intended to serve, multiple buildings (or the development as a whole), the statute of repose is triggered when the discrete improvement is substantially complete and open to its intended use.

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This entry was posted in Construction Defects, Massachusetts, Statute of Limitations-Repose and tagged , , , , .
Gavel

In Nevada, Custom Sign Manufacturers Can Be Held Strictly Liable


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In Schueler v. Ad Art, No. 75688-COA, 2020 Nev. App. LEXIS 6, the Court of Appeals of Nevada recently considered whether a custom-made sign constituted a “product” for purposes of the doctrine of strict products liability. The court held that the sign ­­–– a large MGM Grand (MGM) sign located atop a 150-foot tall steel pylon –– was a product for the purposes of strict products liability. Thus, the court held that Ad Art, Inc. (Ad Art), who designed, engineered, and managed the production and installation of the sign, could be held strictly liable for injuries to Charles Schueler (Schueler), a service worker who fell and sustained serious injuries. Continue reading →

This entry was posted in Nevada, Products Liability and tagged , , .