Todd Likman | Colorado Constructin Litigation As is often the case in construction defect and other insurance defense litigation, a plaintiff’s claims for relief typically encompass both covered and uncovered damages. Obviously, it is in the insured’s best interests to have as many damages covered by insurance as possible. From the insurer’s perspective and against the backdrop… Continue reading Requesting an Allocation Between Covered and Non-Covered Damages? [Do] Think Twice, It’s [Not Always] All Right
Month: October 2020
Court Holds That One-Year SOL Applies to Disgorgement Claims Under B&P Section 7031
Garret Murai | California Constructin Law Blog We’ve talked before about Business and Professions Code section 7031 which courts have referred to as “harsh[ ],” “unjust[ ]” and even “draconian.” Under Section 7031, a contractor performing work requiring a contractor’s license, but who doesn’t: (1) is prohibited from suing to recover payment for work performed;… Continue reading Court Holds That One-Year SOL Applies to Disgorgement Claims Under B&P Section 7031
General Contractor Overhead And Profit And AOB Insurance Scams
Gary Wickert | Claims Journal A storm is rising, and it is not the type which causes damage to homes and vehicles. It causes damage of a much more insidious nature. Following a storm or other natural disaster, canvassers hired by the “hail cartel”—lawyers or opportunistic general contractors—can be found blanketing a neighborhood and knocking… Continue reading General Contractor Overhead And Profit And AOB Insurance Scams
Are Untimely Repairs an “Occurrence” Triggering CGL Coverage?
Christopher G. Hill | Construction Law Musings All Class A commercial contractors in Virginia are required to have a minimum level of Commercial General Liability (CGL) coverage. As a general rule, this insurance is there for damage to property or persons arising from an “occurrence” that is covered by the policy. Many cases that are… Continue reading Are Untimely Repairs an “Occurrence” Triggering CGL Coverage?
Ensuing Loss Clause Does Not Create Coverage for “Collapse” Inseparable from Damage Caused by Excluded Perils
Jordan Hess and Paul Ferland | Property Insruance Law Observer In Jowite Limited Partnership v. Federal Insurance Company, the United States District Court for the District of Maryland issued a rare opinion addressing whether “collapse” is a covered “ensuing loss” under an all-risks insurance policy without a specific collapse coverage. Case No. 1:18-cv-02413-DLB (D. Md.… Continue reading Ensuing Loss Clause Does Not Create Coverage for “Collapse” Inseparable from Damage Caused by Excluded Perils