Jeremy Macklin | Traub Lieberman Straus & Shrewsberry Most general liability policies only provide coverage for “property damage” that occurs during the policy period. Thus, when analyzing coverage for a construction defect claim, it is important to ascertain the date on which damage occurred. Of course, the plaintiffs’ bar crafts pleadings to be purposefully vague… Continue reading Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work
Tag: Construction Defect Claim
Insurer Granted Summary Judgment on Denial of Construction Defect Claim
Tred R. Eyerly | Insurance Law Hawaii The court granted the insurer’s motion for summary judgment, confirming there was no duty to defend or indemnify a construction defect claim against the insured. Fontaine Bros. v. Acadia Ins. Co., 2019 U.S. Dist. LEXIS 148056 (D. Mass. Aug. 29, 2019). The City of Worcester… Continue reading Insurer Granted Summary Judgment on Denial of Construction Defect Claim
Construction Defect Claims at Common Interest Developments
Alex M. Chazen and Jason Daniel Feld | Kahana & Feld LLP | March 8, 2018 A homeowners’ association (“HOA”) governing common interest developments is subject to a different set of requirements for construction defect claims as opposed to single-family developments. In 1995, the California legislature enacted the Calderon Act (formerly CA Civil Code §1374) which set… Continue reading Construction Defect Claims at Common Interest Developments
Construction Defect Claim Must Be Defended Under Florida Law
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
California Appellate Court Reinstates Construction Defect Claim, Recognizing Potential Coverage for “Ongoing Operations” Under Additional Insured Endorsement
Sergio F. Oehninger and Geoffrey B. Fehling | Hunton & Williams LLP | November 28, 2017 Earlier this month, a California court reinstated a general contractor’s construction defect coverage claim under its subcontractors’ additional insured endorsements, reversing summary judgment and holding that the fact that homeowners did not own their homes at the time the… Continue reading California Appellate Court Reinstates Construction Defect Claim, Recognizing Potential Coverage for “Ongoing Operations” Under Additional Insured Endorsement