Recent Developments

Legal

The United States Supreme Court has held that it is unconstitutional for the police to perform a full search a motorist’s car when issuing a speeding ticket. The unanimous decision reverses the Iowa Supreme Court. Knowles v. Iowa, No. 97-7597 (December 8, 1998).

The North Carolina Court of Appeals has held that the homeowner’s insurance policy does not cover damage to the home which manifested itself through buckling, wrinkling, and bulging of the exterior wall surface which was covered with Exterior Insulation and Finish System (EIFS), also known as synthetic stucco. The defendant insurance company denied coverage on the grounds that the damage was specifically excluded from coverage. The court agreed, and the homeowners will have to find another source of payment to cover the damages. Alwart v. State Farm Fire and Casualty Co., ___ N.C. App. ____ (No. COA98-38, December 1, 1998).

A Greensboro couple has won $187,300 from a builder who sold them a home that began rotting within months due to leaky synthetic stucco. The jury verdict in favor of the homeowners said that the defendant builder breached implied warranties of habitability and workmanship by using the product known as EIFS – Exterior Insulation and Finish System. These are the first homeowners to win a jury verdict on this issue in North Carolina. Medlin v. FYCO, Inc., (Guilford County Superior Court; 96 CvS 11370) (November 4, 1998).

Contributed by: Carol A. Schwab, Family Resource Management Specialist, North Carolina Cooperative Extension Service, North Carolina State University.

Editor’s Note: FFCI is looking for authors to write the Recent Developments column. An author would be expected to survey the research and literature in his or her area of expertise within the last 3-4 months and write a short summary (150 words or less) of each major development, with appropriate references for readers who want more information. Our goal is to make the Recent Developments column a thorough overview of the latest research and trends in Family and Consumer Sciences. We are looking for authors who have expertise in the following fields of study:

  • Family Resource Management (finances, budgeting, retirement planning, etc.)
  • Consumer Issues (credit, scams, etc.)
  • Legal Issues (estate planning, family law, small business law, etc.)
  • Housing and House Furnishings
  • Food and Nutrition
  • Food Safety
  • Health
  • Apparel and Textiles
  • Aging
  • Family Relationships
  • Child Care/Parenting

Writing this type of column on a regular basis is a great opportunity to gain national name recognition in your area of study. If you are interested, please contact Dr. Sarah D. Kirby, FFCI, Associate Editor, North Carolina State University, Campus Box 7605, Raleigh, North Carolina 27695-7605, (919) 515-9154, sarah_kirby@ncsu.edu. Also, please review the submission guidelines.

 

 

Cite this article:

Recent Developments The Forum for Family and Consumer Issues 3.3 (1998): 3 pars. 29 December 1998.

 

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