Faulty Workmanship Coverage Update

Amy L. Diviney | Plunket Cooney Faulty Workmanship – Washington Gardens Condominium v. Farmers Ins. Exch. No. 101892-4, — P.3d —, 2024 WL 1100749 (Wash. Mar. 14, 2024) The Washington Supreme Court affirmed the Washington Court of Appeals ruling that coverage for repairs to the Gardens Condominium’s (Gardens) roof components was available under the resulting loss… Continue reading Faulty Workmanship Coverage Update

Contractors, Beware: General Liability Insurers Wrongfully Denying Claims for Damage Caused by Defective Subcontractor Work

Eric Eisenberg and Robert Ferguson, Jr. | Hinckley Allen As a contractor, you are familiar with working together with subcontractors — delegating project scope as part of the overall job. However, when a subcontractor’s work is defective, who is liable for the damage? This is not an unfamiliar issue to contractors — more than likely,… Continue reading Contractors, Beware: General Liability Insurers Wrongfully Denying Claims for Damage Caused by Defective Subcontractor Work

Insurer Has Duty to Defend Faulty Workmanship Claim

Tred R. Eyerly | Insurance Law Hawaii     The magistrate judge recommended a determination that the insurer owed a defense to the subcontractor sued for faulty workmanship. Hanover Lloyds Ins Co. v. Donegal Mut. Ins. Co., 2023 U.S. Dist. LEXIS 180877 (W.D. Texas Oct. 5, 2023).      Poe Investments, Ltd. entered into  an agreement… Continue reading Insurer Has Duty to Defend Faulty Workmanship Claim

Insurer’s Motion for Judgment on the Pleadings for Construction Defect Claim Rejected

Tred R. Eyerly | Insurance Law Hawaii     The magistrate judge recommended that the insurer’s motion for judgment on the pleadings be denied in a case involving coverage for the insured subcontractor’s alleged faulty workmanship. Evanston Ins. Co. v. Sonny Glasbrenner, Inc., 2023 U.S. Dist. LEXIS 190019 (M.D. Fla. Oct. 20, 2023).      Cone… Continue reading Insurer’s Motion for Judgment on the Pleadings for Construction Defect Claim Rejected

No Coverage for Construction Defect Claim Only Impacting Insured’s Work

Tred R. Eyerly | Insurance Law Hawaii     In a coverage dispute between two insurers over a claim for damages caused by faulty workmanship, the court found there was no right to equitable contribution or indemnity. Travelers Prop. Cas. Co. of Am. v. Mallcraft, Inc., 2023 Cal. Super. LEXIS 67568 (Cal. Super. Ct. Sept. 15,… Continue reading No Coverage for Construction Defect Claim Only Impacting Insured’s Work

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