Troutman Sanders | January 23, 2017 In Navigators v. Moorefield, the court addresses two coverage questions in the context of a commercial general liability insurer’s action for reimbursement of all amounts it paid toward the settlement of construction defect litigation against its general contractor insured. First, if the policy states that it covers property damage… Continue reading A Known Construction Defect Left Uncorrected Is Not An Accidental “Occurrence”
Tag: Commercial General Liability Policy
Court Finds Plaintiff’s Attorney Fees Covered by Liability Policy
Kyle Sturm | The Policyholder Report | October 12, 2016 One of the most misunderstood provisions in a Commercial General Liability policy is the first sentence, which provides that the insurance company promises to provide coverage for damages “because of” bodily injury or property damage. Many people, including seasoned insurance professionals, believe CGL policies merely… Continue reading Court Finds Plaintiff’s Attorney Fees Covered by Liability Policy
NJ Supreme Court Gets it Right! Consequential Damages Caused by a Subcontractor’s Defective Construction Work is Insured
Jonathan A. Cass and Rene David Quinlan | Construction Law Signal | August 29, 2016 The New Jersey Supreme Court’s August 4, 2016 decision in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC opened the door for general contractors to obtain insurance coverage under their commercial general liability (CGL) policies for property damage caused… Continue reading NJ Supreme Court Gets it Right! Consequential Damages Caused by a Subcontractor’s Defective Construction Work is Insured
Attorneys’ Fees Incurred and Awarded as a Result of a Property Damage Claim Are Covered Under HOA’s CGL Policy
Kevin Pollack | Property Insurance Coverage Law Blog | September 5, 2016 If an HOA is sued pertaining to a dispute over property damage, and the opposing party prevails and obtains an award of attorney fees, does the HOA’s liability insurance policy cover the attorney fee award? According to a recent district court decision in… Continue reading Attorneys’ Fees Incurred and Awarded as a Result of a Property Damage Claim Are Covered Under HOA’s CGL Policy
New Jersey Supreme Court Issue Important Decision for Homeowners and Contractors
Wally Zimolong | Supplemental Conditions | August 23, 2016 The lack of insurance coverage for a contractor’s faulty workmanship is the bane of both homeowners looking to recover damage for defective work and contractors seeking to defend against such claims. In many states, like Pennsylvania, courts hold that faulty workmanship is not an “occurrence” that… Continue reading New Jersey Supreme Court Issue Important Decision for Homeowners and Contractors