John Corbett | Barnes & Thornburg Construction Law Update | December 1, 2017 Insurance companies have long contended that commercial general liability (CGL) policies do not cover property damage involving alleged deficient workmanship by the insured. In a number of early cases, courts held that deficient workmanship cannot be an accident within the meaning of… Continue reading Listen to What the Insurance Policy Says: Construing Commercial General Liability Exclusions Without Preconceptions
Tag: Commercial General Liability Policy
Can You Settle Your Third-Party Claim While in Coverage Purgatory?
P. Wesley Lambert | Brouse McDowell | November 13, 2017 Most commercial general liability (CGL) policies grant control over the defense and settlement of third party claims to the insurer. Thus, the right to settle, or not settle, a third-party claim against the policyholder resides with the insurer. However, when an insurance company breaches its… Continue reading Can You Settle Your Third-Party Claim While in Coverage Purgatory?
Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues
Garret Murai | California Construction Law Blog | November 13, 2017 I read once that 97 percent of cases never go to trial. However, there are still the ones that do. And, then, there are the ones that do both. The following case, Global Modular, Inc. v. Kadena Pacific, Inc., California Court of Appeals for the Fourth District,… Continue reading Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues
If Defective Work Is An Accident, Does That Mean It’s Covered?
Charles W. Surasky | Smith Currie & Hancock | October 25, 2017 In our last issue, we discussed the growing trend of courts recognizing that most defective work is accidental for purposes of commercial general liability insurance coverage. Does this mean that CGL insurance will pay for property damage caused by defective work? In many… Continue reading If Defective Work Is An Accident, Does That Mean It’s Covered?
California Court of Appeal Clarifies Intent of Faulty Workmanship Exclusions
Tiffany Cassanova | Saxe Doernberger & Vita, P.C. | October 19, 2017 Last month, in Global Modular, Inc. v. Kadena Pacific, Inc., 1 a California Court of Appeal clarified the meaning of the frequently asserted j.(5) and j.(6) exclusions of the standard commercial general liability policy; an issue the court deemed one of “first impression” for… Continue reading California Court of Appeal Clarifies Intent of Faulty Workmanship Exclusions