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
Category: General Liability Policy
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
Illinois Appellate Court Finds No CGL Coverage for Defective Elevator Suit
Andrew Daechsel | PropertyCasualtyFocus In the recent decision of Korte & Luitjohan Contractors Inc. v. Erie Insurance Exchange, the Fifth District Appellate Court of Illinois reaffirmed that, under Illinois law: (1) construction defects generally do not trigger coverage under commercial general liability insurance policies; (2) such policies generally do not cover the cost to repair construction… Continue reading Illinois Appellate Court Finds No CGL Coverage for Defective Elevator Suit