IN THIS EDITION

October, 2011
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Shifting Sands beneath the Economic Loss Doctrine in Washington
Betterment: What is it?
Claims Corner
Legislative & Litigation Roundup
 
Access other Travelers risk management resources for architects and engineers

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Shifting Sands beneath the Economic Loss Doctrine in Washington

By Terry Scanlan

For more than a decade, design professionals in Washington have been able to rely upon the economic loss doctrine as a bulwark against many third party claims and certain types of negligence claims from their clients.  However, two recent Washington State Supreme Court decisions have created great uncertainty about the future of the economic loss doctrine in this state.

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Betterment: What is it?

Paying for someone else's mistake seems…well, simply unfair. This is one of the most common reactions from a construction project owner when confronted by the notion of betterment or value added as it is sometimes called. What is betterment?

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Claims Corner

New Case Helps in Excavation Claim.

Attorney Kevin J. O'Neill of Gogick, Byrne & O'Neill of New York City reported a case that gave some hope to defendants on excavation/next door neighbor cases.

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Legislative & Litigation Roundup

Arizona Supreme Court Rejects Equitable Tolling of Arizona's 8 year Statute of Repose for Class Action Suits.

By Douglas Folk

There was a recent favorable decision for design professionals in the Albano v. Shea Homes construction defect litigation.





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