Alexander G. Thrasher and Heather Howell Wright | Buildsmart Michigan has joined the majority of jurisdictions in holding that a general liability policy may provide coverage for claims for property damage allegedly caused by the defective work of a subcontractor. In a unanimous decision reversing the Michigan Court of Appeals, the Michigan Supreme Court held… Continue reading Coverage for Defective Work? Michigan Joins Majority
Category: General Liability Policy
Separation of Insured Clause Strikes Again to Deny Coverage
Stanley A. Martin | Commonsense Construction Law A very recent blog discussed the effect of a separation of insured clause, on the scope of general liability coverage for an additional insured, when a personal injury claim is pursued by an injured worker. A federal court judge has just reached the same conclusion in another case. Here, a… Continue reading Separation of Insured Clause Strikes Again to Deny Coverage
Michigan Supreme Court Clarifies Decades-Old Dispute and Holds that Subcontractor’s Unintentional Defective Work Constitutes an “Accident” and “Occurrence” Granting Construction Manager CGL Coverage
Jay Berger | Clark Hill In Skanska USA Building Inc v MAP Mechanical Contractors, Inc, (Michigan Supreme Court, Docket Nos. 159510-159511, June 29, 2020) the Michigan Supreme Court held, in a unanimous decision, that a subcontractor’s unintentional defective work is an “accident” and, therefore, an “occurrence” covered under a Commercial General Liability (CGL) policy, allowing insurance… Continue reading Michigan Supreme Court Clarifies Decades-Old Dispute and Holds that Subcontractor’s Unintentional Defective Work Constitutes an “Accident” and “Occurrence” Granting Construction Manager CGL Coverage
Michigan Supreme Court Holds a Contractor’s Defective Work Is an ‘Occurrence’
Scott R. Murphy and Anthony C. Sallah | Barnes & Thornburg In Skanska USA Building v M.A.P Mechanical Contractors, Inc., Docket No. 159510, ____ Mich ____, 2020 WL 3527909, the Michigan Supreme Court found that a subcontractor’s inadvertent faulty work may constitute an “accident” under Michigan law, and therefore constitute an accidental “occurrence” under current standard form… Continue reading Michigan Supreme Court Holds a Contractor’s Defective Work Is an ‘Occurrence’
Michigan Supreme Court Opens Door to CGL Claims for Construction Defects
Jeffrey L. Hamera | Duane Morris The Michigan Supreme Court overturned precedent and joined the jurisdictions that allow damages arising from construction defects to be the basis of a claim against a subcontractor’s comprehensive general liability (“CGL”) policy written on a 1986 ISO form. This decision opens the door to CGL claims for construction defects… Continue reading Michigan Supreme Court Opens Door to CGL Claims for Construction Defects