Edward Eshoo | Property Insurance Coverage Law Blog | August 10, 2019 Last year in one of my blogposts, I wrote about Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company,1 and the issue whether appraisal is appropriate to resolve a dispute over the cost of repairing physically undamaged siding of townhome buildings to remedy a mismatch… Continue reading The Seventh Circuit Court of Appeals Weighs In On “Matching”
Category: Insurance Coverage
No Coverage for Faulty Workmanship Based Upon Exclusion for Contractual Assumption of Liability
Tred R. Eyerly | Insurance Law Hawaii | June 5, 2019 The Supreme Court for West Virginia determined the policy’s contractual assumption exclusion barred coverage for the general contractor based upon claims of faulty workmanship. J.A. St & Assocs. v. Bitco Gen. Ins. Corp., 2019 W. Va. LEXIS 205 (May 1, 2019). … Continue reading No Coverage for Faulty Workmanship Based Upon Exclusion for Contractual Assumption of Liability
Reasonableness of Notice…Is it Fact Specific?
Christina Phillips | Property Insurance Coverage Law Blog | August 6, 2019 Policy language varies when it comes to how and when an insured is required to give notice of a claim. Some policies have a definitive time frame setting forth when notice must be given, but others use terms such as “prompt,” “immediate” or… Continue reading Reasonableness of Notice…Is it Fact Specific?
A Second Level of Protection to Indemnitees
Thomas L. Oliver III | Bradley Arant Boulg Cummings | July 31, 2019 Construction and Procurement Law News, Q2 2019 It is not uncommon for indemnitees to attempt to add language to indemnification provisions providing additional liability protections from the indemnitor. And courts and legislators are wary of language in indemnity agreements that create obligations… Continue reading A Second Level of Protection to Indemnitees
Ruling Closes the Loop on Restrictive Additional Insured Endorsement – Reasonable Expectations of Insured Builder Prevails Over Intent of Insurer
Theodore L. Senet, Esq., Jason M. Adams, Esq., and Clayton Calvin | GibbsGiden | July 1, 2019 On June 5, 2019, the Court of Appeal in McMillin Homes Construction, Inc. v. National Fire & Marine Insurance Company, 35 Cal. App. 5th 1042 (Cal. Ct. App. 2019) issued an important opinion on the scope of additional insured insurance… Continue reading Ruling Closes the Loop on Restrictive Additional Insured Endorsement – Reasonable Expectations of Insured Builder Prevails Over Intent of Insurer