Alabama Joins Recent Trend Of States Finding Defective Work May Be Covered Under A Commercial General Liability Policy

Heather Howell Wright – August 11, 2014 The Supreme Court of Alabama recently held in  Owners Ins. Co. v. Jim Carr Homebuilder, LLC that a contractor’s commercial general liability (“CGL”) policy provided coverage for property damage caused by the defective work of subcontractors. The Jim Carr Court decided that although faulty workmanship by itself may… Continue reading Alabama Joins Recent Trend Of States Finding Defective Work May Be Covered Under A Commercial General Liability Policy

Eighth Circuit: Damages from Exposure to Concrete Sealant are Subject to “Pollution Exclusion” in CGL Policy

Anthony Osborn – May 18, 2014 Just a few days ago, the Eighth Circuit (applying Missouri law) analyzed whether a contractor had insurance coverage under a CGL policy relative to personal injuries stemming from three ladies’ alleged exposure to an acrylic concrete sealant. The contractor had utilized the sealant in an office park where the… Continue reading Eighth Circuit: Damages from Exposure to Concrete Sealant are Subject to “Pollution Exclusion” in CGL Policy

Think You are Covered by an Additional Insured Endorsement? Recent Opinion Serves as a Reminder to Read the Coverage Language

Matthew T. Vocci – April 30, 2014 The United States Court of Appeals for the Fifth Circuit issued an opinion this month that should serve as a reminder to prime contractors to review the coverage granted to them as additional insureds on their subcontractors’ Commercial General Liability (“CGL”) policies. In Carl E. Woodward, L.L.C. v. Acceptance… Continue reading Think You are Covered by an Additional Insured Endorsement? Recent Opinion Serves as a Reminder to Read the Coverage Language

Ewings are Making a Name for Themselves in Texas, Again

David L. Beck – January 23, 2014 The recent decision by the Texas Supreme Court in Ewing Constr. Co., Inc. v. Amerisure Ins. Co., No. 12-0661, 2014 WL 185035 (Tex. Jan. 17, 2014), has insureds in Texas and throughout the country breathing a sigh of relief. The decision confirms the limited scope of the Texas… Continue reading Ewings are Making a Name for Themselves in Texas, Again

Draft Your Lawsuit to Trigger Insurance Coverage

Anthony Osborn – October 23, 2013 As most people reading this blog post are aware, construction lawsuits can trigger seemingly countless insurance coverage issues. For example, were the alleged damages caused by an “occurrence” as defined in the contractor’s insurance policy? If so, did the damages begin and/or end during different years, thereby triggering multiple… Continue reading Draft Your Lawsuit to Trigger Insurance Coverage