David M. McLain | Colorado Construction Litigation While I have not performed exhaustive research into the origin of anti-concurrent causation (“ACC”) endorsements on insurance policies, or how or when they migrated from first-party property policies to commercial general liability (“CGL”) policies, they have done so. The result for Colorado’s construction professionals may rear its ugly… Continue reading Anti-Concurrent Causation Endorsements in CGL Insurance Policies: A Word of Caution
Category: General Liability Policy
No Coverage for Repairs Made Before Suit Filed
Tred R. Eyerly | Insurance Law Hawaii After a hurricane damaged the building the insured was constructing, there was no coverage under the CGL policy for repairs the insured made in the absence of a suit being filed. Planet Construction J2911 LLC. v. Gemini Ins. Co., 2022 U.S. Dist. LEXIS 105468 (W.D. La. June… Continue reading No Coverage for Repairs Made Before Suit Filed
Sixth Circuit Holds Attorneys’ Fee Award Does Not Constitute Damages Under Professional Liability Policy
Kent Crocker | PropertyCasualtyFocus The Sixth Circuit Court of Appeals affirmed an order granting summary judgment in favor of the insurer in Wesco Insurance Co. v. Roderick Linton Belfance LLP, holding that the award of attorneys’ fees was a “sanction” and thus was not covered damages under the Wesco professional liability policy. This matter concerned an… Continue reading Sixth Circuit Holds Attorneys’ Fee Award Does Not Constitute Damages Under Professional Liability Policy
California Appellate Court Rules That Mistakenly Grading The Wrong Land Is Not An Accident
Jared De Jong and Scott S. Thomas | Payne & Fears In a decision that further muddies the already murky waters of “occurrence” jurisprudence, the California Court of Appeal has ruled that a general liability policy does not cover a homeowner who mistakenly grades the wrong piece of land because the act of grading land… Continue reading California Appellate Court Rules That Mistakenly Grading The Wrong Land Is Not An Accident
Construction Defect Claims Not Covered
Tred R. Eyerly | Insurance Law Hawaii The court found that the insured’s negligent acts causing damage to only the structure of the home it built were not covered under the CGL policy. Westfield Ins. Co. v. Zaremba Builders II LLC, 2022 U.S. Dist. LEXIS 36189 (N.D. Ill. March 2, 2022). Zaremba… Continue reading Construction Defect Claims Not Covered