Kathy Maus and J. Blake Hunter | Butler Weihmuller Katz Craig Many commercial general liability policies contain an exterior insulation and finish systems (EIFS) exclusion, which bars coverage under specific circumstances when EIFS is used in construction. EIFS is also known as synthetic stucco and generally refers to a multi-layered exterior building finish. EIFS usually… Continue reading Can You Get Stuck With Stucco? Coverage Under An EIFS Exclusion For Property Damage Caused By Construction Defects
Category: Insurance Coverage
What a Difference a Word Makes
Ethan Price-Livingston | Cozen O’Connor A recent decision by a Massachusetts Appellate Court reinforces that every word in an insurance policy has meaning, and that one word can make all the difference. In Phoenix Baystate Constr. Co., Inc. v. First Ins. Co., 145 N.E.3d 911, 2020 WL 2516670 (Mass. App. May 18, 2020), review denied 150… Continue reading What a Difference a Word Makes
Bad Faith Termination for Convenience
Patrick Tighe | Snell & Wilmer Many construction contracts include a clause that allows an owner to terminate a contractor’s remaining work on a project at the owner’s convenience. And during a global pandemic and these turbulent economic times, termination for convenience clauses are receiving renewed attention, including under what circumstances an owner may not… Continue reading Bad Faith Termination for Convenience
Insurance Policies and Indemnity Provisions Are Not the Same
Garret Murai | California Construction Law Blog Just because you own a pair of Air Jordans doesn’t make you Michael Jordan. In the next case, Carter v. Pulte Home Corporation, Case No. A154757 (July 23, 2020), the 1st District Court of Appeal denied an insurance carrier’s equitable subrogation claim explaining that an insurer’s obligations under its… Continue reading Insurance Policies and Indemnity Provisions Are Not the Same
Requesting an Allocation Between Covered and Non-Covered Damages? [Do] Think Twice, It’s [Not Always] All Right
Todd Likman | Colorado Constructin Litigation As is often the case in construction defect and other insurance defense litigation, a plaintiff’s claims for relief typically encompass both covered and uncovered damages. Obviously, it is in the insured’s best interests to have as many damages covered by insurance as possible. From the insurer’s perspective and against the backdrop… Continue reading Requesting an Allocation Between Covered and Non-Covered Damages? [Do] Think Twice, It’s [Not Always] All Right