Margo Meta and Anthony Miscioscia | White and Williams In Florida, damage caused by faulty workmanship constitutes “property damage;” however, the cost of repairing or removing defective work does not. Amerisure Mutual Insurance Company v. Auchter Company, 673 F.3d 1294 (11th Cir. 2012) (Auchter). But what happens when the cost of repairing or removing defective work results… Continue reading Eleventh Circuit Finds No “Property Damage” Where Defective Component Failed to Cause Damage to Other Non-Defective Components
Category: Property Damage
Private Statutory Cause of Action Under Florida’s Underground Facility Damage Prevention and Safety Act
David Adelstein | Florida Construction Legal Updates Florida’s Underground Facility Damage Prevention and Safety Act is set forth in Florida Statutes Chapter 556. Any owner or operator of underground infrastructure as well as contractors that perform underground excavation and demolition operations are familiar (or, need to be familiar) with this Act and the requirements it imposes on… Continue reading Private Statutory Cause of Action Under Florida’s Underground Facility Damage Prevention and Safety Act
CGL, Builders Risk Coverage and Exclusions When Construction Defects Cause Property Damage
Jeffrey Cavignac | Construction Executive Direct damage to property under construction caused by faulty or defective work or defective materials has been a coverage issue for decades. Two specific policies, the Commercial General Liability for the contractors building the structure and the Builders Risk Policy on the project both are sources of potential coverage. A… Continue reading CGL, Builders Risk Coverage and Exclusions When Construction Defects Cause Property Damage
Injured Subcontractor Employee Asserts Premise Liability Claim Against General Contractor
David Adelstein | Florida Construction Legal Updates In an interesting opinion, an injured employee of an electrical subcontractor sued the general contractor of a parking garage project under a premise liability theory after being injured when stepping on an uncovered floor drain at the project site. There is no discussion in the opinion as to workers compensation immunity. … Continue reading Injured Subcontractor Employee Asserts Premise Liability Claim Against General Contractor
No Coverage for Home Damaged by Falling Boulders
Tred R. Eyerly | Insurance Law Hawaii The policy’s earth movement exclusion barred coverage for the home damaged by large boulders rolling down from the hillside above. Sullivan v. Nationwide Affinity Ins. Co. of Am., 2021 U.S. App. LEZXIS 628 (10th Cir Jan. 11, 2021). Plaintiffs’ home sustained extensive damage when two… Continue reading No Coverage for Home Damaged by Falling Boulders