Steven A. Meyerowitz | Law.com | March 21, 2017 A federal district court in Oregon has ruled that carbon monoxide was a “pollutant” as defined in a commercial general liability (“CGL”) insurance policy such that the policy’s pollution exclusion served to exclude coverage for claims arising from alleged carbon monoxide poisoning. The Case Lawsuits filed… Continue reading Pollution Exclusion Precluded Coverage for Claims Arising from Alleged Carbon Monoxide Poisoning, Oregon District Court Rules
Category: Property Damage
Colorado Court Enforces Statute that Presumes Faulty Workmanship Constitutes an Occurrence
Matthew D. Stockwell | Pillsbury Winthrop Shaw Pittman LLP | March 21, 2017 Is damage resulting from faulty workmanship covered under your CGL policy? In the past, insurers have had success in certain jurisdictions arguing that construction defect cases did not constitute a covered “occurrence” because the damage was purportedly not unintended or unexpected. In… Continue reading Colorado Court Enforces Statute that Presumes Faulty Workmanship Constitutes an Occurrence
Completed-Operations Coverage: What Is Included and Excluded from Your Commercial General Liability Policy?
Barbara Jordan and Donald Leach | Dinsmore & Shohl LLP | January 31, 2017 In 2008, Ohio Northern University (ONU) entered into a contract with Charles Construction Services, Inc. (CCS) for the construction of The Inn, a new luxury hotel and conference center on ONU’s Campus, consisting of 57,000 square feet of space, including guest… Continue reading Completed-Operations Coverage: What Is Included and Excluded from Your Commercial General Liability Policy?
Federal Court in Pennsylvania Analyzes Which Types of Damage are Barred by Contractual Waiver of Consequential Damages
Kristopher Berr | Pepper Hamilton LLP | January 26, 2017 Jay Jala, LLC v. DDG Construction, Inc., No. 15-3948, 2016 US Dist. LEXIS 150969 (E.D. Pa. Nov. 1, 2016) Jay Jala, LLC was the owner of a motel construction project in Allentown, Pennsylvania. DDG Construction, Inc. was the contractor. The project was delayed during construction… Continue reading Federal Court in Pennsylvania Analyzes Which Types of Damage are Barred by Contractual Waiver of Consequential Damages
District of Connecticut Reaffirms That Definition Of “Collapse” Is Unambiguous
Timothy Larsen | Property Insurance Coverage Insights | January 25, 2017 The United States District Court for the District of Connecticut recently reaffirmed its ruling that the term “collapse,” as defined by a homeowners insurance policy, is unambiguous and that the policy in question did not provide coverage for the alleged “cracking” and/or “bulging” of… Continue reading District of Connecticut Reaffirms That Definition Of “Collapse” Is Unambiguous