Heather Howell Wright | Bradley | July 2017 Ohio has joined the majority of jurisdictions in holding that a general liability policy may provide coverage for claims made by a project owner for property damage allegedly caused by the defective work of a subcontractor. In Ohio Northern Univ. v. Charles Constr. Serv., Inc., an Ohio appeals court… Continue reading The Importance of Careful Coverage Analysis
Category: Insurance Coverage
Washington Federal Court Rejects Policyholder’s “Separate Claim” Argument
Jason Morris | PropertyCasualtyFocus | July 14, 2017 In April, a federal district court in the Western District of Washington issued a decision in National Union Fire Insurance Co. v. Zillow, Inc.While at first blush, it may seem only of interest to those who work with media policies, this decision has potential broader application. In short,… Continue reading Washington Federal Court Rejects Policyholder’s “Separate Claim” Argument
Court Finds That Split in Underground Storage Tank is Not a Covered Collapse
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel LLP | July 5, 2017 In Tustin Field Gas & Food v. Mid-Century Ins. Co. (No. B268850, filed 7/3/17), a California appeals court ruled that a split in an underground storage tank, caused by the tank sitting on a rock for years, was not a covered… Continue reading Court Finds That Split in Underground Storage Tank is Not a Covered Collapse
Cracks Caused by Construction Operations May Be Covered
Chip Merlin | Property Insurance Coverage Law Blog | July 14, 2017 Judges often make erroneous decisions based on the information presented and argued to them by the attorneys selected by the parties. I was thinking about this while writing my post, Experts Regarding Causation Can Be More Important Than Witnesses — or, Don’t Believe Your… Continue reading Cracks Caused by Construction Operations May Be Covered
Poisoning the Well: Washington Supreme Court Applies Efficient Proximate Cause to Eviscerate Pollution Exclusion in Liability Policy
Meredith Whigham Caiafa | PropertyCasualtyFocus | July 7, 2017 Professionals and practitioners in first party property insurance are likely familiar with the efficient proximate cause rule, which requires an insurance policy to provide coverage where “a covered peril sets in motion a causal chain,” even if subsequent causes-in-fact of the loss are excluded by the… Continue reading Poisoning the Well: Washington Supreme Court Applies Efficient Proximate Cause to Eviscerate Pollution Exclusion in Liability Policy