Alex Purvis, Emily M. Ruzic and Amandeep S. Kahlon | Build Smart In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work performed by subcontractors under the contractor’s warranty exclusion. Specifically, the appellate court upheld the trial… Continue reading California Appeals Court Says No Duty to Defend Where Policy Exclusion Applies
Tag: Construction Defect Claims
Subsequent Purchaser can Assert Claims for Construction Defects
David Adelstein | Florida Construction Legal Updates Can a subsequent purchaser pursue construction defect claims relating to the original construction of the property? This was the threshold issue on a motion for summary judgment by a drywall manufacturer against a subsequent purchaser of a home in Karpel v. Knauf Gips KG, 2022 WL 4366946 (S.D. Fla. 2022). This matter… Continue reading Subsequent Purchaser can Assert Claims for Construction Defects
Municipal Ordinances Create Additional Opportunities for the Defense of Construction Defect Claims in Colorado
Ricky Nolen | Higgins, Hopkins, McLain & Roswell Municipal ordinances may provide additional defenses for construction professionals where state law does not provide sufficient protection for Colorado’s builders. Colorado state law can be a minefield of potential liability for construction professionals. Even though the state legislature has stated that it must “recognize that Construction defect… Continue reading Municipal Ordinances Create Additional Opportunities for the Defense of Construction Defect Claims in Colorado
Massachusetts Federal Court Rejects Adria Towers, Finds Construction Defects Not An “Occurrence”
Eric B. Hermanson and Austin D. Moody | White and Williams In an important ruling for insurers, U.S. District Court Judge Patti Saris found that Massachusetts does not follow the position taken in Cypress Point Condo Association v. Adria Towers, LLC, 226 N.J. 403, 418 (2016), i.e., it does not hold that “faulty workmanship claims [should be recognized]… Continue reading Massachusetts Federal Court Rejects Adria Towers, Finds Construction Defects Not An “Occurrence”
No Duty to Defend Construction Defect Claims
Tred R. Eyerly | Insurance Law Hawaii The court determined the insurer had no duty to defend construction defect claims asserted against the insured. Pa. Nat’l Mut. Cas. Ins. Co. v. River City Roofing, 2022 U.S. Dist. LEXIS 38226 (E.D. Va. March 3, 2022). Branch Builds, Inc, was the general contractor for… Continue reading No Duty to Defend Construction Defect Claims