District Court in Utah Grants Summary Judgment for Contractor Against Insurance Subrogation Claim Based on Contractual Waiver Provision and Statute of Limitations

Aquatherm, LLC v. CentiMark Corp, 2019 BL 13240 (D. Utah Apr. 12, 2019)

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John H. Conrad

Stag II Lindon LLC and Stag Industrial Inc. (collectively “Stag”) owned a building in Lindon, Utah.  Stag contracted with CentiMark Corp. (“CentiMark”) to perform work on the building’s roof.  CentiMark’s work required it to manipulate, move, and reinstall existing heating cables on the roof.  Shortly after completion of the work, in March of 2014, a fire occurred on the roof which was traced to the location of heat tape, which CentiMark had removed and replaced.

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Ohio Appellate Court Finds That Coal Mining Entities Are Liable to Pipeline Operator for Preventative Measures to Protect Against Subsidence Damages

Columbia Gas Transmission, LLC v. Ohio Valley Coal Co., 2019 BL 99544 (Ohio Ct. App. Mar. 21, 2019)

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Ralph C. Surman Jr.

Columbia Gas Transmission, LLC (“Columbia”) operated a high-pressure gas pipeline.  A portion of pipeline crossed land for which Ohio Valley Coal Company (“OVC”) and Consolidated Land Company (“Consolidated”) held interest rights in the underlying coal.  Columbia undertook measures to protect its pipeline from subsidence damage that OVC’s subterranean coal mining was certain to cause.  An Ohio appellate court held that OVC and Consolidated were liable to Columbia for those preventative measures.

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