Christopher Nahas – Property Insurance Coverage – August 10, 2014 A federal judge in Pennsylvania denied an insurer’s motion for summary judgment on the issue of coverage finding that issues of fact existed whether or not the insureds’ flood policy exclusively covered personal property.1 Plaintiffs Krupa and Patel owned a Subway franchise damaged by flooding… Continue reading Federal Judge Rules Flood Coverage Issue Involving Personal Property is a Question of Fact : Property Insurance Coverage Law Blog
Determining the Number of Occurrences Arising from Multiple Construction Defects … It Depends on who is Sued
David L. Beck – Pillsbury Winthrop Shaw Pittman LLP – August 15, 2014 The United States District Court for the District of Oregon held that property damage incurred to a condominium project resulting from a myriad of construction defects constituted just one occurrence under the relevant excess general liability policy. In Chartis Specialty Ins. Co.… Continue reading Determining the Number of Occurrences Arising from Multiple Construction Defects … It Depends on who is Sued
Insurance Company Denials Based on Water Backup and Overflow Are Not Always Enforceable
Christopher Nahas – August 7, 2014 Many policyholder disputes involve an insurance contract that includes a provision dealing with water damage. While there are various constructions of the water damage provision, the issue of water that backs up or overflows from a sewer or drain arises frequently. Insurance companies will often deny claims based on… Continue reading Insurance Company Denials Based on Water Backup and Overflow Are Not Always Enforceable
Contractor’s CGL Policy Doesn’t Cover Subcontractors’ Faulty Work: Appeals Court
Judy Greenwald – August 4, 2014 A construction company’s commercial general liability insurance policy does not provide coverage for faulty workmanship or subcontractor negligence, says an appeals court, in upholding a lower court ruling. Little Rock, Arkansas-based J-McDaniel Construction Co. Inc. purchased a CGL policy from a unit of the Great American Insurance Group, in… Continue reading Contractor’s CGL Policy Doesn’t Cover Subcontractors’ Faulty Work: Appeals Court
Minimize the Inherent Risk in “Scope Bidding” by Amending Your Form Subcontract
Eugene J. Heady – August 7, 2014 Subcontractors must exercise particular care if the project specifications are performance specifications or otherwise described by so-called “scope” criteria. A scope specification is one that describes the general scope of the project in terms of design, dimension, and major components of the work but does not list or… Continue reading Minimize the Inherent Risk in “Scope Bidding” by Amending Your Form Subcontract