Theresa A. Guertin | SDV Insights In June 24, 2021, the Champlain Towers South in Surfside, Florida collapsed, killing nearly 100 individuals (the “Collapse”). As experts uncover more information regarding the cause of the Collapse, those individuals who have filed lawsuits as well as the potentially culpable defendants are looking to insurers for coverage of… Continue reading Potential Coverage Issues Implicated by the Champlain Towers Collapse
Category: Insurance Claims
What do the Rules of Evidence Have to Do With Documenting a Construction Claim? Everything.
Jacob Zahniser | Miller Nash Construction is a document-intensive industry. Construction disputes are equally document-intensive. Given the critical role of written documentation in preserving and resolving construction claims, it is essential that construction companies adequately train the people who create and manage written documentation. Otherwise, evidentiary challenges could sink an otherwise meritorious claim or defense.… Continue reading What do the Rules of Evidence Have to Do With Documenting a Construction Claim? Everything.
Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered By CGL Policies
Nathan A. Cazier and Scott S. Thomas | Payne & Fears The construction industry operates under the constant spectre of claims seeking damages for defective or faulty workmanship. Fortunately, the law in most states treats these claims as covered under commercial general liability (“CGL”) policies. A small minority of states take a much stingier view.… Continue reading Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered By CGL Policies
Construction Defect Insurance Claims
Jim Borders and Granger Stuck | J.S. Held Introduction Construction defect claims and cases are scenarios wherein physical loss or damage is claimed to be related to defective building elements that will require repair or replacement. Typical defect claims and cases will involve exterior building enclosures or the building structure. However, it is important to… Continue reading Construction Defect Insurance Claims
Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion
Nathan Cazier and Scott Thomas | Payne & Fears The United States Court of Appeals for the Fifth Circuit recently confirmed that liability insurers have a duty to defend their insureds in construction defect cases when the underlying complaint alleges damage to property beyond the product and work of the insured – even if the… Continue reading Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion