Amanda M. Leffler | Brouse McDowell | September 12, 2017 The Ohio Supreme Court has held that claims for the cost to repair an insured’s own defective work are not covered because they “are not claims for ‘property damage’ caused by an ‘occurrence’ under a [CGL] policy.” See Westfield Ins. Co. v. Custom Agri Sys., Inc.,… Continue reading Coverage for Construction Defects Caused by Subcontractor Work
Category: Property Damage
New Jersey Denied Property Damage Claims
Nicole Levine | Property Insurance Coverage Law Blog | August 13, 2017 If your home or business is affected by a disaster and you have purchased property damage insurance, you may immediately feel a sign of relief. That relief could be fleeting, upon a discovery that the promptly submitted insurance claim has been denied. Immediately… Continue reading New Jersey Denied Property Damage Claims
Seventh Circuit Confirms Additional Insured’s Coverage for Alleged Construction Defects
Tred Eyerly | Insurance Law Hawaii | August 9, 2017 The Seventh Circuit held that the underlying complaint alleged an occurrence by asserting that the painting subcontractor was negligent in causing damage to the building. Westfield Ins. Co. v. Nat’l Decorating Serv., Inc., 2017 U.S. App. LEXIS 12516 (7th Cir. July 13, 2017). McHugh Construction, the… Continue reading Seventh Circuit Confirms Additional Insured’s Coverage for Alleged Construction Defects
Use It or Lose It: California Court of Appeal Addresses Statutes of Limitations for Latent Construction Defects and Damage to Real Property
Omar Parra and Jesse M. Sullivan | Haight, Brown & Bonesteel | August 2, 2017 The First Appellate District of the California Court of Appeal recently confirmed California’s latent defect statute of limitations, codified in California Code of Civil Procedure section 337.15, bars only claims based on construction defects. Estuary Owners Association v. Shell Oil Company,… Continue reading Use It or Lose It: California Court of Appeal Addresses Statutes of Limitations for Latent Construction Defects and Damage to Real Property
The Metaphysics of When an Accident is an “Accident” (or Not) Under Your Insurance Policy
Garret Murai | California Construction Law Blog | July 31, 2017 As an undergrad, I remember taking an introductory philosophy class. When we came to the chapter on metaphysics our professor asked what makes an apple an apple? “We have a specific name for it, presumably, to distinguish it from other things,” she said. “But what makes… Continue reading The Metaphysics of When an Accident is an “Accident” (or Not) Under Your Insurance Policy