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: Construction Defect Claim
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
Fourth Circuit Finds No Bad Faith for Delay in Investigating Construction Defect Claim
James W. Bryan | Nexsen Pruet | September 12, 2017 Construction defect claims often include coverage disputes spiced with allegations of bad faith designed to turn up the heat on the insurer. The Fourth Circuit, in its review of one such recent North Carolina case, held while the insured prevailed on its contract claim, there… Continue reading Fourth Circuit Finds No Bad Faith for Delay in Investigating Construction Defect Claim
Court Reaffirms Damages Analysis in Construction Defect Cases
Thomas P. Wert | Roetzel & Andress | February 22, 2016 On February 5, 2015, the Court of Appeals, Second District, reaffirmed the means by which courts determine damages for construction defect claims. Gray v. Mark Hall Homes, Inc., 2016 WL 459436 (Fla. 2nd DCA Feb. 5, 2015). In 2005, Angela Gray contracted with Mark Hall… Continue reading Court Reaffirms Damages Analysis in Construction Defect Cases
Alabama Supreme Court Withdraws and Re-Issues Decision to Find “Occurrence” for Construction Defect Claim
Clifford J. Shapiro – April 1, 2014 Last September, the Alabama Supreme Court issued a decision that denied insurance coverage to a homebuilder on the ground that there can be no “occurrence” where construction defect claims do not allege property damage to something other than the home the policyholder built. Owners Insurance Co. v. Jim Carr… Continue reading Alabama Supreme Court Withdraws and Re-Issues Decision to Find “Occurrence” for Construction Defect Claim