Jerome Sturhahn – May 1, 2013 Two federal courts in Denver recently addressed a fundamental question that exists in almost every construction defect case – when did the property damage that gives rise to liability, and the insurer’s obligation, occur? The answer to the question of when the damage occurred helps determine which policy is… Continue reading When Does an “Occurrence” Occur?
Category: Construction Defects
Defects in an Insured’s Own Work are “Unmistakably Included” in the Definition of “Occurrence” in CGL Policy, Rules Second Circuit.
Laura R. Thomson – April 22, 2013 The Second Circuit’s recent decision in Scottsdale Insurance Company v. R.I. Pools, Inc., Case No. 11-3529, 2013 WL 1150217 (2d Cir. March 21, 2013) should be welcome news for Connecticut contractors insured under CGL policies with Broad Form Property Damage Coverage, seeking coverage for losses to their work… Continue reading Defects in an Insured’s Own Work are “Unmistakably Included” in the Definition of “Occurrence” in CGL Policy, Rules Second Circuit.
Faulty Workmanship Can Be An Accident
John Berringer – April 22, 2013 After a spate of bad decisions for policyholders on whether general liability policies can ever provide coverage for construction liabilities, three courts, in the past few weeks, have done an about-face, holding that there is coverage in certain circumstances for such liabilities. Relying on the subcontractor exception to the… Continue reading Faulty Workmanship Can Be An Accident
Statutory Limitation Periods can be Reduced Contractually under Nevada Law
Tamara Boeck – April 15, 2013 The Nevada Supreme Court has answered a question that developers and contractors have been asking for years: can the statutory limitation period for a construction defect action be shortened? The court answered in the affirmative but held that there must be no statute to the contrary and that the… Continue reading Statutory Limitation Periods can be Reduced Contractually under Nevada Law
Insurers Have a Duty to Defend Construction Defect Claims … Maybe.
Robert Thomas – April 18, 2013 Earlier this week, the Intermediate Court of Appeals (ICA) issued an important decision, concluding that insurance companies have a duty to provide a defense for policyholders when they are sued for construction defects. This seems like good news to the insureds. But all is not clear after the court’s… Continue reading Insurers Have a Duty to Defend Construction Defect Claims … Maybe.