Tred R. Eyerly | Insurance Law Hawaii | July 1, 2019 Although the lower court held that the insured contractor was entitled to coverage and indemnification under a CGL policy despite claims based upon faulty workmanship, the Alabama Supreme Court reversed. Nationwide Mut. Fire Ins. Co. v. David Group, Inc., 2019 Ala. LEXIS 52… Continue reading Alabama Supreme Court Reverses Determination of Coverage for Faulty Workmanship
Category: General Liability Policy
When is a Mistake an ‘Accident’?
Jason R. Potter | Claims Magazine | June 2019 Commercial General Liability (CGL) policies, like all insurance products, are intended to protect the insured from unexpected claims or suits by third parties. A CGL policy covers bodily injury, property, personal and advertising liability, products and completed operations and fire liability unless they are excluded by… Continue reading When is a Mistake an ‘Accident’?
Construction Defect Dispute Governed by Contract Disputes Act not yet Suited to being a “Suit”
William S. Bennett | SDV Insights | May 14, 2019 The Southern District of California recently held that a series of demands for a general contractor to investigate and repair several construction defects at a U.S. Army facility did not constitute a “suit” within the meaning of the general contractor’s commercial general liability (“CGL”) policy.… Continue reading Construction Defect Dispute Governed by Contract Disputes Act not yet Suited to being a “Suit”
The Limited Scope of the “Care, Custody or Control” Exclusion
Kirk Pasich | Pasich LLP | June 10, 2019 General liability policies have long contained an exclusion for property “in the care, custody or control of the insured . . . .” Commercial General Liability Coverage Form, § I., Coverage A, ¶ 2.J.(4) (Insurance Services Office, Inc. 2012). The scope of this exclusion has been… Continue reading The Limited Scope of the “Care, Custody or Control” Exclusion
“Rip-and-Tear Damages” In Construction: A Roadmap For Coverage Where None Existed?
Ashley Veitenheimer | Kane Russell Coleman Logan | May 22, 2019 The insuring agreement in most commercial general liability policies states that the carrier “will pay those sums that the insured becomes legally obligated to pay as damages because of…’property damage’ to which this insurance applies.” In addition, most policies exclude coverage for the defective work… Continue reading “Rip-and-Tear Damages” In Construction: A Roadmap For Coverage Where None Existed?