Matthew T. Nickel, J. Stephen Berry and Keith Moskowitz | Dentons | March 24, 2016 In a matter of first impression, the United States Court of Appeals for the Fifth Circuit certified four questions to the Texas Supreme Court arising from an insured’s claims that its liability for a refinery owner’s replacement costs and downtime… Continue reading Insurance Insight – Texas Supreme Court Clarifies Extent of Coverage for Construction Defects under CGL Policies
Category: General Liability Policy
Can Faulty Workmanship give Rise to a Covered Insurance Claim? Illinois Court says Yes
Stan Martin | Commonsense Construction Law LLC | November 30, 2015 The court states the issue in its first sentence: “This case presents a straightforward, but unsettled, question of Illinois law: Is there an ‘occurrence’ under standard-form comprehensive general liability (“CGL”) policies when the named insured contractor’s faulty workmanship causes damage to a building that… Continue reading Can Faulty Workmanship give Rise to a Covered Insurance Claim? Illinois Court says Yes
Are You Covered? The “Care, Custody, Or Control” Exclusion
Heather Howell Wright | Bradley Arant Boult Cummings LLP | July 22, 2015 Spring weather systems, such as the storms that have recently produced significant flooding in Texas, frequently create the necessity for restoration and remediation work. In performing such restoration work, it may be necessary to remove and store personal property contained within the… Continue reading Are You Covered? The “Care, Custody, Or Control” Exclusion
Insurer not Liable for Settlement made Without its Permission
Judy Greenwald | Business Insurance | April 26, 2015 A Georgia Supreme Court ruling that an insurer is not liable for refusing to indemnify a policyholder that settled a case without the insurer’s permission is out of step with the vast majority of comparable cases around the country. But policyholder attorneys warn that other insurers involved… Continue reading Insurer not Liable for Settlement made Without its Permission
Insurers Argue Damage by Meteor is all that is Covered in a CGL
Joan Cotkin | Litigation Advocates | April 3, 2015 In a decision out of the Superior Court in Delaware, Judge Rocanelli bought a favorite insurance industry argument so extreme, several state legislatures (including Colorado and South Carolina) have passed laws overruling court decisions in their states adopting it. The argument is that the definition of “occurrence”… Continue reading Insurers Argue Damage by Meteor is all that is Covered in a CGL