Zach McLeroy | Colorado Construction Litigation | Feburary 9, 2015 In Colorado it is well recognized that an insurer has a broad duty to defend its policyholder against pending claims. An insurer’s duty to defend is triggered when the underlying complaint against the insured alleges any set of facts that might fall within the coverage policy.… Continue reading Insurer’s Duty to Defend: When is it Triggered? When is it Not?
Tag: construction defects
Property Damage to Non-Defective Work Is Covered
Tred Eyerly | Insurance Law Hawaii | February 18, 2015 The New Hampshire Supreme Court found some of the property damage evolving from the insured’s portion of the work was covered under its liability policy. Cogswell Farm Condo. Ass’n v. Tower Group, Inc., 2015 N.H. LEXIS 3 (N.H. Jan. 13, 2015). Lemery Building Company, Inc. constructed… Continue reading Property Damage to Non-Defective Work Is Covered
Florida May Soon Reduce Statute of Repose For Construction-Related Claims to 7 Years
Amanda Baggett | Deconstructed | February 11, 2015 On January 22, 2015, Representative Jay Fant introduced House Bill 501, a bill aimed at reducing the current statute of repose for construction-related claims from 10 years to 7 years. Florida’s statute of limitations and statute of repose for claims “founded on the design, planning, or construction of… Continue reading Florida May Soon Reduce Statute of Repose For Construction-Related Claims to 7 Years
Fourth District Reverses Lower Court Ruling in Construction Defect Litigation
Gregory D. Hagen, Edward P. Garson, John R. Clifford and Ian A. Stewart | Wilson Elser | February 18, 2015 On January 22, 2015, the Fourth District Court of Appeals issued for publication its decision in McMillin Companies LLC v. American Safety Indemnity Company, 4th Dist. Div. 1, D063586. The case is significant in addressing… Continue reading Fourth District Reverses Lower Court Ruling in Construction Defect Litigation
No Coverage For Construction Defect Under Illinois Law
Tred R. Eyerly | Insurance Law Hawaii | January 26, 2015 The court followed precedent in Illinois and upheld the insurer’s denial of coverage for construction defects that did not damage other property. Design Concrete Founds., Inc. v. Erie Ins. Prop. & Cas. Co., 2014 Ill. App. Unpub. LEXIS 2684 (Ill Ct. App. Nov. 26, 2014).… Continue reading No Coverage For Construction Defect Under Illinois Law