Emanuel Enes | Woodruff Sawyer The new year brought a series of ferocious storms that ravaged the California coast for weeks. By mid-January, this so-called “atmospheric river” caused at least eight million Californians to be under flood watch as wind and rain pummeled the state. According to the California Geological Survey, more than 400 landslides occurred from… Continue reading Flood and Water Damage: Which Insurance Policy Do You Turn To?
Category: Insurance Coverage
No Coverage for Damages Caused by Contractor’s ‘Wanton’ Negligence, 11th Circuit Rules
Jim Sams | Claims Journal An Alabama judge awarded Robert and Mindy Barton $900,000 for actual damages and emotional distress caused by the botched construction of their custom home, but they won’t be able to collect that judgment from the homebuilder’s general liability insurer. The Barton’s own pleadings in the lawsuit against their contractor doomed… Continue reading No Coverage for Damages Caused by Contractor’s ‘Wanton’ Negligence, 11th Circuit Rules
Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage
Margaret Karchmer | Wiley Rein The United States Court of Appeals for the Second Circuit, applying New York law, has held that neither of two claims against an insured construction company fell within the scope of coverage under the company’s claims-made and reported professional liability policies, where one claim was not both first made and… Continue reading Second Circuit Affirms No Duty to Defend Claims Against Construction Firm Outside the Scope of Professional Liability Coverage
Mitigating or Preventing Water Damage
Kevin Moore | Woodruff Sawyer Water’s capacity to inflict severe and costly damage looms large over all construction projects. Whether it’s caused by Mother Nature or human error, water damage presents a ubiquitous threat. Because construction water damage claims can climb to hundreds of thousands of dollars, it’s worth taking steps to mitigate or prevent incidents,… Continue reading Mitigating or Preventing Water Damage
Without Reservations: Fourth Circuit Affirms That Vague Reservation of Rights Waived Insurers’ Coverage Arguments
Lara Degenhart Cassidy and Matthew J. Revis | Hunton Andrews Kurth The Fourth Circuit recently affirmed insurance coverage for a South Carolina policyholder based on the “axiomatic principle” that an insurer which fails to fully and fairly articulate its potential coverage defenses in a reservation of rights letter loses the right to contest coverage on… Continue reading Without Reservations: Fourth Circuit Affirms That Vague Reservation of Rights Waived Insurers’ Coverage Arguments