Tag: Commercial General Liability Policy

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

Louisiana Appellate Court Affirms Summary Judgment For Insurer Where Damage Manifested After Policy Period

Phelps Dunbar LLP | January 30, 2018 A Louisiana court of appeal affirmed a grant of summary judgment in favor of an insurer where the alleged damage did not manifest during the policy periods. Crosstex Energy Servs., LP v. Texas Brine Co., LLC, 2017-0863 (La. App. 1 Cir. 12/21/17). The insured, operator of an underground salt… Continue reading Louisiana Appellate Court Affirms Summary Judgment For Insurer Where Damage Manifested After Policy Period

Court Rules That Insurers Must Treat Notice of Claim for Construction Defects as a “Suit”

Mike Seemuth | The Real Deal | January 21, 2018 The Florida Supreme Court ruled on a case centering on construction of the Sapphire Condominium in Fort Lauderdale and Altman Contractors Inc. The Sapphire Condominium in Fort Lauderdale (Credit: Keller Williams Realty) The Florida Supreme Court ruled that filing notice of a claim for a… Continue reading Court Rules That Insurers Must Treat Notice of Claim for Construction Defects as a “Suit”

An Insurer’s Duty to Defend is Now Triggered by Pre-Suit Notices Under Florida’s Construction Defect Statute, But Only With an Insurer’s Consent

Gary Brown and Steven Appelbaum | Construction Industry Counselor | January 5, 2018 In a case of first impression that will undoubtedly have significant effects on Florida’s construction and insurance industries, the Florida Supreme Court recently decided that an insurer’s duty to defend under a standard form commercial general liability (CGL) policy was triggered by… Continue reading An Insurer’s Duty to Defend is Now Triggered by Pre-Suit Notices Under Florida’s Construction Defect Statute, But Only With an Insurer’s Consent

Altman Contractors v. Crum & Forster: Florida Supreme Court Answers the 11th Circuit’s Certified Question in the Affirmative

Jaret J. Fuente | Carlton Fields | December 20, 2017 In Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., 832 F.3d 1318 (11th Cir. 2016), the Eleventh Circuit certified the following question to the Florida Supreme Court: “Is the notice and repair process set forth in Chapter 558 of the Florida Statutes a ‘suit’… Continue reading Altman Contractors v. Crum & Forster: Florida Supreme Court Answers the 11th Circuit’s Certified Question in the Affirmative