Tred R. Eyerly | Insurance Law Hawaii The court determined that the insurer improperly denied a defense for construction defect claims made against the insured. Amerisure Mut. Ins. Co. v. McMillin Tex. Homes, 2022 U.S. Dist. LEIS 40363 (W.D. Texas March 8, 2022). McMillin was a developer, general contractor and home seller. It… Continue reading Insurer Must Defend Faulty Workmanship Claims
Tag: Construction Defect Claims
Texas Federal Court Delivers Another Big Win For Policyholders on CGL Coverage for Construction-Defect Claims and “Rip-and-Tear” Damages
Blake A. Dillion, Jared DeJong and Scott S. Thomas | Payne & Fears Insurers regularly argue that commercial general liability (“CGL”) policies are not performance bonds and therefore there is no coverage for claims seeking damages for defective or faulty workmanship. Insurers also argue there is no coverage for so-called “tear-out” or “rip-and-tear” damages, where… Continue reading Texas Federal Court Delivers Another Big Win For Policyholders on CGL Coverage for Construction-Defect Claims and “Rip-and-Tear” Damages
Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered by CGL Policies
Nathan Cazier and Scott Thomas | Payne & Fears The construction industry operates under the constant spectre of claims seeking damages for defective or faulty workmanship. Fortunately, the law in most states treats these claims as covered under commercial general liability (“CGL”) policies. A small minority of states take a much stingier view. In a… Continue reading Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered by CGL Policies
Do Not Ignore Construction Defect Claims if You Are on Inquiry Notice
Ryan A. Bennett | White and Williams In Ryan Altenbaugh, et al. v. Benchmark Builders Inc., et al., No. 120, 2021, 2022 Del. LEXIS 24, the Supreme Court of Delaware recently affirmed the lower court’s ruling that the statute of limitations barred the homeowners’ negligent construction claims. Although the court applied the discovery rule to toll… Continue reading Do Not Ignore Construction Defect Claims if You Are on Inquiry Notice
5 Things You Should Know About the Proposed Revisions to Florida’s Construction Defect Statute
Jeffrey S. Wertman | Berger Singerman A new bill making its way through the Florida Legislature, SB 736, if enacted into law, will significantly affect future construction defect claims. Here is what you should know: Four Year Statute of Repose. The law will effectively eliminate the 10-year latent defect exception to the statute of repose.… Continue reading 5 Things You Should Know About the Proposed Revisions to Florida’s Construction Defect Statute