Cheryl D. Shoun | Nexsen Pruet | May 15, 2018 “Be careful what you ask for in your declaratory judgment action” could have been an appropriate subtitle. Either title would fit the United States District Court’s look at whether a party that is not an insured may seek a declaration regarding an insurer’s duties under… Continue reading Can a Third Party Seek a Declaration of an Insurer’s Duties Under Its Policy?
Tag: Advise & Consult
It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt Payment Requirements in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.
Erinn Contreras and Joy O. Siu | Construction & Infrastructure Law Blog | May 16, 2018 On May 14, 2018, the California Supreme Court issued its opinion in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co., No. S231549, slip. op. (Cal. Sup. Ct. May 14, 2018). In it, the Court narrowly construed the “good… Continue reading It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt Payment Requirements in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.
“Ordinance or Law” Provision Mandates Coverage for Roof Repair
Tred R. Eyerly | Insurance Law Hawaii | April 23, 2018 The Tennessee Court of Appeals found that the insured was entitled to coverage under the policy’s “ordinance or law” provision for repairs to prevent a future collapse of both the damaged and undamaged portions of the building. Jefferson Cnty. Schools v. Tenn. Risk Mgmt. Trust,… Continue reading “Ordinance or Law” Provision Mandates Coverage for Roof Repair
The Importance of the Subcontractor Exception to the “Your Work” Exclusion
John J. Kozak, Esq. | Florida Construction Law News | April 24, 2018 Commercial General Liability (CGL) policies typically include a “your work” exclusion, excluding coverage for “’property damage’ to ‘your work’ arising out of it or any part of it and included in the ‘products-completed operations hazard.’” These CGL policies define “your work,” in… Continue reading The Importance of the Subcontractor Exception to the “Your Work” Exclusion
The Tenth Circuit’s Prediction: New York State Likely to Follow Trend Recognizing Damages Caused by Subcontractor’s Faulty Work is a Covered “Occurrence”
By Frederic J. Giordano and Stephanie S. Gomez | K&L Gates | May 17, 2018 The United States Court of Appeals, Tenth Circuit recently issued a favorable decision for policyholders finding property damage arising from a subcontractor’s faulty work arose from an accidental “occurrence” under New York law. In Black & Veatch Corp. v. Aspen Ins. (UK)… Continue reading The Tenth Circuit’s Prediction: New York State Likely to Follow Trend Recognizing Damages Caused by Subcontractor’s Faulty Work is a Covered “Occurrence”