Federal Court Holds that Demolition Exclusion Does Not Apply and Carrier Has Duty to Defend Additional Insureds

Craig Rokuson | Traub Liberman In the recent case of Travelers Indem. Co. v. Trisura Specialty Ins. Co., 2024 U.S. Dist. LEXIS 101953 (S.D.N.Y. June 7, 2024), the court had occasion to consider the classic additional insured fact pattern of a construction accident. Travelers insured the general contractor and provided a defense to the general contractor… Continue reading Federal Court Holds that Demolition Exclusion Does Not Apply and Carrier Has Duty to Defend Additional Insureds

Additional Insured Not Entitled to Coverage for Named Insured’s Defective Work

Tred R. Eyerly | Insurance Law Hawaii     The Court of Appeals for the Seventh Circuit determined there was no duty to defend or to indemnify the additional insured for the named insured’s defective work. St. Paul Guardian Ins. Co., et al. v. Walsh Construction Co., 99 F. 4th 1035 (7th Cir. 2024).  … Continue reading Additional Insured Not Entitled to Coverage for Named Insured’s Defective Work

Federal District Court Addresses Material Misrepresentation in First Party Property Damage Claim

James M. Eastham | Traub Lieberman In Pittsfield Dev. LLC v. Travelers Indem. Co., 2024 U.S. Dist. LEXIS 117530 (N.D. Ill. July 3, 2024), the United States District Court for the Northern District of Illinois addressed an alleged material misrepresentation by an insured during the course of the adjustment of a water loss claim at… Continue reading Federal District Court Addresses Material Misrepresentation in First Party Property Damage Claim

Louisiana Supreme Court Clarifies Time For Asserting Claims For Defense And Indemnification

Jose R. Ruiz | DeutschKerrigan In Bennett vs. DEMCO Energy Services, LLC,[1] rendered on May 10, 2024, the Louisiana Supreme Court resolved a conflict among the appellate courts and held that a defendant’s contractual claim for defense and indemnity against a co-defendant or third-party defendant was not legally “premature” and could be asserted in the pending litigation,… Continue reading Louisiana Supreme Court Clarifies Time For Asserting Claims For Defense And Indemnification

Real Case, Real Lessons: Understanding Builders’ Risk Insurance Limits

David McLain | Higgins, Hopkins, McLain & Roswell In the recent case of 5333 Mattress King LLC v. Hanover Insurance Company, the United States District Court for the District of Colorado provided significant insights into the limits of builders’ risk insurance policies.  Mattress King LLC, a warehouse owner, faced a substantial loss when a subcontractor drove… Continue reading Real Case, Real Lessons: Understanding Builders’ Risk Insurance Limits