Tred R. Eyerly | Insurance Law Hawaii | February 7, 2018 The Eleventh Circuit found that the insured caused property damage to areas beyond its own work, obligating the insurer to defend. Addison Ins. Co. v. 4000 Island Blvd. Condo. Ass’n, 2017 U.S. App. LEXIS 26870 (11th Cir. Dec. 28, 2017). The condominium association contracted with… Continue reading Construction Defect Claim Must Be Defended Under Florida Law
Tag: Advise & Consult
Contractors: Consult Your Insurance Broker Regarding Your CGL Policy
David Adelstein | Florida Construction Legal Updates | February 10, 2018 Contractors: do yourself a favor and consult your insurance broker regarding your commercial general liability (CGL) policy. Do this now, especially if you subcontract out work. CGL policies contain a “your work” exclusion. The CGL policy is written such that it excludes “‘property damage’ to ‘your work’ arising… Continue reading Contractors: Consult Your Insurance Broker Regarding Your CGL Policy
Can Your Insurance Company Change Its Position Regarding Coverage For Your Claim?
Lawrence Moon | Property Insurance Coverage Law Blog | February 17, 2018 Answer: It depends, on several factors, such as: The applicable state law, the insurance company’s prior position, or positions (e.g., did it accept or deny coverage?), how it expressed that position, or positions (e.g., did it accept coverage under a reservation of rights,… Continue reading Can Your Insurance Company Change Its Position Regarding Coverage For Your Claim?
Will New York Law Go the Way of Weedo: Tenth Circuit Predicts New York Court of Appeals Will Hold that Property Damage Caused by a Subcontractor’s Defective Workmanship Can Constitute an Occurrence Under a Contractor’s CGL Policy
Bryan Keane and Katie Pfeifer | Dorsey | February 15, 2018 On February 13, 2018, the Tenth Circuit Court of Appeals reversed a lower court decision, which concluded that, under New York law, the property damage caused by a subcontractor’s faulty workmanship did not qualify as a covered occurrence because the only damages were to… Continue reading Will New York Law Go the Way of Weedo: Tenth Circuit Predicts New York Court of Appeals Will Hold that Property Damage Caused by a Subcontractor’s Defective Workmanship Can Constitute an Occurrence Under a Contractor’s CGL Policy
California Supreme Court Holds that the Right to Repair Act is a Homeowner’s Exclusive Remedy for Damages Arising from Construction Defects for New Residential Construction
Robert Nobel | TLSS Construction Law Blog | February 15, 2018 In McMillin Albany LLC et al. v. The Superior Court of Kern County (Van Tassel) [Case No. S229762], the California Supreme Court held that California Civil Code §§ 895 et seq. (the “Right to Repair Act”) provides the exclusive remedy for construction defect claims for economic loss and resulting… Continue reading California Supreme Court Holds that the Right to Repair Act is a Homeowner’s Exclusive Remedy for Damages Arising from Construction Defects for New Residential Construction