In Pennsylvania, Contractors Can Be Liable to Third Parties for Obvious Defects in Completed Work

Michael DeBona | The Subrogation Strategist In Brown v. City of Oil City, No. 6 WAP 2022, 2023 Pa. LEXIS 681 (2023), the Supreme Court of Pennsylvania (Supreme Court) recently held that a contractor can be liable for dangerous conditions it creates even if the hazard is obvious or known by the property owner. In City of Oil… Continue reading In Pennsylvania, Contractors Can Be Liable to Third Parties for Obvious Defects in Completed Work

Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered By CGL Policies

Nathan A. Cazier and Scott S. Thomas | Payne & Fears The construction industry operates under the constant spectre of claims seeking damages for defective or faulty workmanship. Fortunately, the law in most states treats these claims as covered under commercial general liability (“CGL”) policies. A small minority of states take a much stingier view.… Continue reading Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered By CGL Policies

Pennsylvania Court Finds that Two Possible Causes Can Prove a Product Malfunction Theory of Liability

Gus Sara | The Subrogation Strategist In Allstate Ins. Co. v. LG Elecs. USA, Inc., No. 19-3529, 2021 U.S. Dist. LEXIS 127014, the United States District Court for the Eastern District of Pennsylvania considered whether plaintiff’s expert engineer’s opinion that there were two possible causes of a fire—both related to alleged product defects within a refrigerator… Continue reading Pennsylvania Court Finds that Two Possible Causes Can Prove a Product Malfunction Theory of Liability

Product Defect Allegations Trigger Duty To Defend in Pennsylvania

Stacy M. Manobianca | Saxe Doernberger & Vita The Third Circuit Court of Appeals recently concluded, in Nautilus Insurance Co. v. 200 Christian Street Partners, LLC., that a duty to defend is triggered when product-related allegations are pled in connection with a claim for defective construction. In Nautilus, the coverage dispute arose out of two independent underlying… Continue reading Product Defect Allegations Trigger Duty To Defend in Pennsylvania

PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building Conditions

Anthony L. Miscioscia and Konrad R. Krebs | White and Williams | July 25, 2019 The standard for an “occurrence” under a commercial general liability (CGL) insurance policy has been addressed on several occasions by Pennsylvania courts when an insured has allegedly performed faulty workmanship on a construction project. Specifically, in Pennsylvania, a claim for… Continue reading PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building Conditions

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