Illinois Supreme Court Indicates Potential Path for Insurance Coverage for Construction Defects Under CGL Policies

Brandon Clark and Megan Warshawsky | Saul Ewing On November 30, 2023, the Illinois Supreme Court issued a decision in the case of Acuity v. M/I Homes of Chicago, LLC, et al., 2023 IL 129087 with significant implications for insurance coverage of construction defects under commercial general liability (CGL) policies. The Acuity decision stems from a fairly mundane… Continue reading Illinois Supreme Court Indicates Potential Path for Insurance Coverage for Construction Defects Under CGL Policies

Negligent Damage to an Insured’s Work Now Considered “Property Damage” Caused by an “Occurrence” Under Illinois Law

Bevin Carroll and Julie Klein | Kennedys In a landmark decision, the Illinois Supreme Court has set forth a new legal framework to follow when analyzing coverage for construction defect claims under CGL policies. In Acuity v. M/I Homes of Chicago, LLC, 2023 IL 129087, __ N.E.3d __ (2023) (“Acuity”), Illinois’ highest court abrogated the longstanding… Continue reading Negligent Damage to an Insured’s Work Now Considered “Property Damage” Caused by an “Occurrence” Under Illinois Law

Related Claims Provisions in Claims-Made Liability Policies: The Policy Wording Matters!

Creighton Page | Foley Hoag Key Takeaways: Liability insurance policies are typically written on either an “occurrence” basis or a “claims made” basis. Under an occurrence-basis policy, the liability will be covered if the injury or damage occurred during the policy period. Under a claims-made policy, the coverage is triggered if the claim against the… Continue reading Related Claims Provisions in Claims-Made Liability Policies: The Policy Wording Matters!

The Contractual Liability Exclusion In Insurance Contracts

Schwartz, Conroy & Hack General liability insurance policies typically contain several exclusions. One of the most common of these is the exclusion barring coverage for liability that the policyholder assumes through contracts with other parties. Depending on your business, it may be advisable to purchase a contractual liability endorsement as an add-on to your general… Continue reading The Contractual Liability Exclusion In Insurance Contracts

Are Punitive Damages Covered By Commercial General Liability Insurance?

Schwartz, Conroy & Hack Punitive damage awards. While your commercial general liability (CGL) insurance policy may provide coverage for punitive damages, coverage will also depend on the public policy in the state whose law governs the dispute. What Are Punitive Damages? Unlike compensatory damages, which compensate a plaintiff for injury or other losses caused by… Continue reading Are Punitive Damages Covered By Commercial General Liability Insurance?

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