Charles P. Edwards and Alexandra Robinson French | Barnes & Thornburg | January 14, 2019 An often-overlooked feature of commercial general liability (CGL) policies is that they provide coverage for damages the insured is legally obligated to pay “because of” bodily injury or property damage. Most courts interpret “because of” broadly to include consequential damages… Continue reading Recovering Consequential Damages Under General Liability Policies
Category: General Liability Policy
Florida Federal Court Finds Insurer Must Defend Contractor in Defective Condo Construction Suit
Michael S. Levine | Hunton Andrews Kurth LLP | December 27, 2018 The United States District Court for the Middle District of Florida recently granted summary judgment in favor of developer, KB Homes, ruling that Southern Owners Insurance Co. must defend KB Homes under various Commercial General Liability policies. The action arises from the construction… Continue reading Florida Federal Court Finds Insurer Must Defend Contractor in Defective Condo Construction Suit
Wildfire Considered One Occurrence Despite Damaging Numerous Properties
Christina Phillips | Property Insurance Coverage Law Blog | November 29, 2018 A recent decision by the Supreme Court of Wisconsin1 might predict how other courts would analyze coverage under commercial general liability insurance policies for wildfires. In May 2013, a fire broke out on forest land owned by Lyme St. Croix Forest Company. The fire… Continue reading Wildfire Considered One Occurrence Despite Damaging Numerous Properties
“An” Versus “Any”: When One Word Makes a Profound Difference in an Insurance Contract
Jeff Collins | Jones, Skelton & Hochuli PLC | November 14, 2018 A fundamental principle of insurance is that it provides a safety net for fortuitous events which may create liability against the insured. Equally fundamental is the principle that liability insurance policies do not insure foreseen, expected or intentional acts or omissions of an… Continue reading “An” Versus “Any”: When One Word Makes a Profound Difference in an Insurance Contract
Addressing the Defective Stucco Crisis
Wally Zimolong | Supplemental Conditions | November 21, 2018 I received several emails regarding the expose by Caitlin McCabe and Erin Arvedlund in the Philadelphia Inquirer titled “Rotting Within.” The story outlines the epidemic of defective stucco and other “building envelope” issues in Southeastern Pennsylvania that is causing homes to literally rot from within. Having litigated several… Continue reading Addressing the Defective Stucco Crisis