Major Ruling: Illinois Supreme Court Provides Clarity and Changes Precedent on CGL Coverage for Defective Work (Positively Affecting Real Estate Developers and Community Associations)

Howard Dakoff and Suzanne Karbarz Rovner | Levenfeld Pearlstein The Illinois Supreme Court recently upended decades of Illinois caselaw regarding coverage under commercial general liability (CGL) policies, aligning Illinois with most states on the issue. On November 30, 2023, the Illinois Supreme Court unanimously held in Acuity v. M/I Homes of Chicago, LLC that the “your work”… Continue reading Major Ruling: Illinois Supreme Court Provides Clarity and Changes Precedent on CGL Coverage for Defective Work (Positively Affecting Real Estate Developers and Community Associations)

Does a Mediation Trigger the Duty to Defend Under a CGL Insurance Policy?

Joshua Fruchter | Merge Mediation Group | September 4, 2019 Standardized commercial general liability (CGL) insurance policies impose a “duty to defend” that obligates insurers to defend insureds against “suits” seeking damages for claims potentially covered by the policy. The existence of a duty to defend is determined by the allegations in the “suit” filed… Continue reading Does a Mediation Trigger the Duty to Defend Under a CGL Insurance Policy?

No CGL Coverage for Building Contractor’s Shoddy Workmanship Causing Damage to the Work Itself

Richard Wolf | Claims Journal | December 6, 2016 In a decision filed November 18, 2016, Arkansas U. S. district judge Susan Webber Wright, the same jurist who in 1998 handed a defeat to Paula Jones in her sexual harassment lawsuit against then President Bill Clinton, dealt this time with a more tame but still… Continue reading No CGL Coverage for Building Contractor’s Shoddy Workmanship Causing Damage to the Work Itself

What Constitutes an “Occurrence” in your CGL Policy?

Matthew M. Brady | Pillsbury Winthrop Shaw Pittman LLP | December 5, 2014 In Cincinnati Ins. Co. v. AMSCO Windows, No. 13-4155, 2014 WL 6679589, at *3 (10th Cir. Nov. 26, 2014), the United States Court of Appeals, Tenth Circuit, held that construction defects brought against a window manufacturer (“AMSCO”) were “occurrences” as defined under the… Continue reading What Constitutes an “Occurrence” in your CGL Policy?

More “Texas Justice” For Policyholder On Contractual Liability Exclusion

Nathan Lander | Risk and Recovery: Legal Insights for the Insured | November 4, 2014 On October 29, the Fifth Circuit reversed itself for the second time this year in a case involving the interpretation of a contractual liability exclusion in a CGL policy.  This recent decision by the Fifth Circuit in Crownover v. Mid-Continent Casualty… Continue reading More “Texas Justice” For Policyholder On Contractual Liability Exclusion

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