No “Occurrence” Found Where Contractor Intentionally Performed Defective Work With The Hope It Would Not Cause Property Damage

Steven R. Inouye and George P. Soares | Gordon & Rees LLP | January 20, 2017 The California Court of Appeal, Fourth Appellate District, affirmed in part and reversed in part an order awarding an insurance company its $1 million policy limits used to settle a construction defect claim on behalf of an insured general… Continue reading No “Occurrence” Found Where Contractor Intentionally Performed Defective Work With The Hope It Would Not Cause Property Damage

Insurer Must Defend Where Possible Continuing Property Damage Occurred

Tred R. Eyerly | Insurance Law Hawaii | January 11, 2017 The California Court of Appeal overturned the trial court’s issuance of summary judgment based upon the possibility of continuing property damage during the insurer’s policy period. Tidwell Enters. v. Fin. Pac. Ins. Co., 2016 Cal. App. LEXIS 1038 (Cal. Ct. App. Nov. 29, 2016).… Continue reading Insurer Must Defend Where Possible Continuing Property Damage Occurred

Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage

Masaki J. Yamada | Ahlers & Cressman PLLC | December 22, 2016 Washington Courts allow an insurer to determine its duty to defend an insured against a lawsuit based only on the face of the complaint and the limitations of the insurance policy.  This is otherwise known as the “eight corners” rule (four corners of… Continue reading Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage

No CGL Coverage for Building Contractor’s Shoddy Workmanship Causing Damage to the Work Itself

Richard Wolf | Claims Journal | December 6, 2016 In a decision filed November 18, 2016, Arkansas U. S. district judge Susan Webber Wright, the same jurist who in 1998 handed a defeat to Paula Jones in her sexual harassment lawsuit against then President Bill Clinton, dealt this time with a more tame but still… Continue reading No CGL Coverage for Building Contractor’s Shoddy Workmanship Causing Damage to the Work Itself

Pre-Litigation Requirements For Condo Associations

C. Todd Hewes | Lewis Brisbois Bisgaard & Smith LLP | November 21, 2016 When general contractors, subcontractors, and design professionals face claims or lawsuits arising from original construction or remediation of condominium projects, one of the most important—and also sometimes one of the most difficult tasks—has always been to catalog, usually by unit number,… Continue reading Pre-Litigation Requirements For Condo Associations

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