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
Category: General Liability Policy
Enhancing The Prospects For Contractors To Have Insurance Coverage For Their Subcontractors’ Defective Work
Gregory P. Parsons and J.P. Stilz | Stites & Harbison I. INTRODUCTION. When a construction contractor engages in a construction project, it generally purchases a commercial general liability policy (“CGL”) to broadly cover it and, frequently, the property owner for claims that might arise during the course of construction. These insurance contracts are standard forms… Continue reading Enhancing The Prospects For Contractors To Have Insurance Coverage For Their Subcontractors’ Defective Work
First Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy Period
Eric B. Hermanson and Austin D. Moody | White & Williams On April 1, 2020, the First Circuit, applying Massachusetts law, issued a potentially useful decision addressing the Montrose “known loss” language in ISO Form CGL policies. In Clarendon National Insurance Company v. Philadelphia Indemnity Insurance Company,[1] the court applied this language to allow denial of defense for claims… Continue reading First Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy Period
Your CGL Policy May Cover More Than You Think – Damages “because of’ Property Damage or Bodily Injury for Construction Projects
Stella Szantova Giordano | Saxe Doernberger & Vita Construction projects are susceptible to injuries and property damage – which is why the stakeholders involved rely heavily on commercial general liability (“CGL”) insurance policies when such losses occur. While many insureds are familiar with pursuing insurance coverage for bodily injury and property damage, a CGL policy… Continue reading Your CGL Policy May Cover More Than You Think – Damages “because of’ Property Damage or Bodily Injury for Construction Projects
Inadvertent Construction Defects Are an ‘Occurrence’ Under the CGL Insurance Policy
Clifford J. Shapiro | National Law Review Whether property damage caused by defective construction work constitutes an accidental “occurrence” under the standard form Commercial General Liability (CGL) insurance policy is now highly dependent on which state’s law applies. Determining which state’s law applies to a particular construction defect claim is therefore critical and often outcome… Continue reading Inadvertent Construction Defects Are an ‘Occurrence’ Under the CGL Insurance Policy