Tred Eyerly – July 28, 2014 Relying upon precedent from the Texas Supreme Court, the Fifth Circuit upheld the District Court’s denial of coverage based upon the policy’s contractual-liability exclusion. Crownover v. Mid-Continent Cas. Co., 2014 U.S. App. LEXIS 12158 (5th Cir. June. 27, 2014). The Crownovers entered a construction contract with Arrow Development, Inc.… Continue reading Coverage for Construction Defect Barred by Contractual-Liability Exclusion
California Monsoonal Weather Brings Mud Property Damage to Southern California, But Is It Covered Damage?
Denise Sze – August 5, 2014 The last few weeks has seen unseasonably humid weather in our arid Southern California climate. It’s uncharacteristic for our climate to have high humidity. Last week the monsoonal thunderstorms brought a great tragedy as a young man on the beach of Venice died from a lightning strike off the… Continue reading California Monsoonal Weather Brings Mud Property Damage to Southern California, But Is It Covered Damage?
I Feel The Earth Move Under My Feet…And That May Not Be A Covered Loss In Colorado
Brandee Bower – July 23, 2014 A new case was recently handed down regarding earth movement and water damage exclusions. In Wagner v. American Family Mutual Insurance Company,1 a policyholder suspected a water leak in her home. She had her property inspected and found a water pipe was leaking under the slab foundation, eroding the… Continue reading I Feel The Earth Move Under My Feet…And That May Not Be A Covered Loss In Colorado
North Dakota Supreme Court Establishes Defense to “No Damage for Delay” Clause
Three Strikes on Defective Work Insurance Claim
Stanley A. Martin – July 22, 2014 A federal appeals court recently retired, in short order, a contractor’s insurance claim arising from defective work. The claim arose when scratches were noted on a glass storefront, shortly after installation by one sub but also after preliminary cleaning by another sub, and two days before the store was… Continue reading Three Strikes on Defective Work Insurance Claim