Category: Insurance

“That’s a Wrap!” How Wrap-Up Insurance Policies Have Streamlined Construction Defect Litigation

Michael P. Zech | Koeller Nebeker Carlson & Haluck Construction defect litigation was traditionally slow-moving, contentious, and costly for several reasons. First, the sheer number of parties—the property owner, the general contractor, and many subcontractors—typically involved in the litigation made prompt and efficient resolution difficult.  With so many parties having various interests that sometimes aligned… Continue reading “That’s a Wrap!” How Wrap-Up Insurance Policies Have Streamlined Construction Defect Litigation

Washington Supreme Court Strikes Down A “Claims-Made” Policy Issued To A Contractor On Public Policy Grounds

Scott Seaman | Insights for Insurers Traditionally, general liability insurance contracts were “occurrence-based” contracts. Claims-made insurance contracts have been available for many years, most notably in the context of professional liability insurance. Beginning in the mid-1980s, claims-made contracts were introduced into the general liability insurance market in response to court rulings on the trigger of… Continue reading Washington Supreme Court Strikes Down A “Claims-Made” Policy Issued To A Contractor On Public Policy Grounds

U.S. District Court of Colorado Interprets Insurance Policy’s Faulty Workmanship Exclusion and Exception for Ensuing Damage

Carin Ramirez | Colorado Construction Litigation Recently, the United States District Court for the District of Colorado interpreted a faulty workmanship exclusion in a property insurance policy in The Lodge at Mountain Village Owner Association v. Eighteen Certain Underwriters of Lloyd’s of London, 22 U.S Dist. Ct LEXIS 48883*, decided on March 18, 2022.  The Court held… Continue reading U.S. District Court of Colorado Interprets Insurance Policy’s Faulty Workmanship Exclusion and Exception for Ensuing Damage

Improve the Bottom Line Using Subrogation Waivers

James T. Dixon | Brouse McDowell The premium a company pays for its general liability insurance is based on several factors. More obviously, the rate will be based on the limits of insurance obtained and the applicable deductible. Less obviously, however, classifications, rates and exposure bases also come into play. The Insurance Services Office (ISO)… Continue reading Improve the Bottom Line Using Subrogation Waivers

Insurer Has Duty to Defend Sub-Contractor

Tred R. Eyerly | Insurance Law Hawaii     Interpreting Connecticut law, the federal district court had that the insured sub-contractor was entitled to a defense. County Wide Mech. Servs. LLC v. Regent Ins. Co., 2022 U.S. Dist. LEXIS 86726 (D. Conn. May 13, 2022).     The underlying plaintiff, The Saybrook at Haddam, entered a… Continue reading Insurer Has Duty to Defend Sub-Contractor