Heather Howell Wright | Bradley | July 2017 Ohio has joined the majority of jurisdictions in holding that a general liability policy may provide coverage for claims made by a project owner for property damage allegedly caused by the defective work of a subcontractor. In Ohio Northern Univ. v. Charles Constr. Serv., Inc., an Ohio appeals court… Continue reading The Importance of Careful Coverage Analysis
Category: General Liability Policy
Courts Misunderstand the Meaning of “That Particular Part”
David Smith | Policyholder Perspective | June 7, 2017 This is part one of a two-part series looking at how court decisions in recent years have thwarted general contractors’ reasonable expectation of coverage under their general liability policies. In early March, the Ninth Circuit Court of Appeals issued an unpublished opinion in Archer Western Contractors v.… Continue reading Courts Misunderstand the Meaning of “That Particular Part”
Washington Supreme Court Applies the Efficient Proximate Cause Rule to Third Party Liability Policy to Find a Duty to Defend
Sally S. Kim | Gordon & Rees LLP | May 11, 2017 The efficient proximate cause rule is one of the more confusing analyses that an insurance company must undertake when investigating certain coverage issues under first party insurance policies. And until now, the efficient proximate cause rule has only been applied to first party… Continue reading Washington Supreme Court Applies the Efficient Proximate Cause Rule to Third Party Liability Policy to Find a Duty to Defend
Keep Your Friends Close and Your Enemies Closer: Assigning Your Bad Faith Claim in Bet the Company Litigation
Joshua B. Rosenberg | The National Law Review | April 24, 2017 Commercial general liability (CGL) insurance policies are popular in the marketplace, as they protect policyholders of every stripe from the ever-present risk of liability for bodily injury and property damage. Of at least equal importance is the insurance company’s duty to defend the… Continue reading Keep Your Friends Close and Your Enemies Closer: Assigning Your Bad Faith Claim in Bet the Company Litigation
Costs to Repair or Replace Defective Construction Excluded Under Commercial General Liability Policy
Christina Phillips | Property Insurance Coverage Law Blog | March 30, 2017 Often a homeowner’s damages are not the result of a storm event, but rather the result of defective construction. In such situations, the homeowner will often pursue an action against the general contractor or subcontractor for various claims, such as negligence or breach… Continue reading Costs to Repair or Replace Defective Construction Excluded Under Commercial General Liability Policy