Larry Bache – Property Insurance Coverage Law Blog – September 18, 2014 If you are a frequent reader of this blog, you are likely familiar with the general rule that policy language determined to be ambiguous is read in favor of the insured because the insured is the nondrafting party. A contract is ambiguous when its… Continue reading Under Florida Law, a “Sudden” Event Can Occur Over Time
Tag: construction defects
Business Risk Exclusions Bar Coverage for Construction Defect Claims
Tred Eyerly – August 25, 2014 The homeowners’ assigned claims against the general contractor’s insurer were barred by business risk exclusions in the CGL policies. W. Heritage Ins. Co. v. Cannon, 2014 U.S. Dist. LEXIS 101382 (E.D. Wash. July 24, 2014). The Cannons contracted with Cook Custom Homes to build their home. Cook never hired a… Continue reading Business Risk Exclusions Bar Coverage for Construction Defect Claims
Determining the Number of Occurrences Arising from Multiple Construction Defects … It Depends on who is Sued
David L. Beck – Pillsbury Winthrop Shaw Pittman LLP – August 15, 2014 The United States District Court for the District of Oregon held that property damage incurred to a condominium project resulting from a myriad of construction defects constituted just one occurrence under the relevant excess general liability policy. In Chartis Specialty Ins. Co.… Continue reading Determining the Number of Occurrences Arising from Multiple Construction Defects … It Depends on who is Sued
Principal Architects on Residential Projects Liable for Construction Defects Outside Their Control; Developers and Owners May Pay the Price
Meredith Jones-McKeown – July 16, 2014 Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP (Cal. Supreme Court., 07/03/2014, S208173) On July 3, 2014, the California Supreme Court decided the much watched case Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP. The court held that the “principal architect” “owes a duty of care… Continue reading Principal Architects on Residential Projects Liable for Construction Defects Outside Their Control; Developers and Owners May Pay the Price
New Jersey/New York “Occurrence”
Scott Patterson – CD Coverage In National Union Fire Insurance Co. of Pittsburgh, PA v. Turner Construction Co., 986 N.Y.S.2d 74 (N.Y. App. Div. 2014), Turner was the general contractor for a high rise office building constructed in New Jersey for owner GSJC. Turner subcontracted with Permasteelisa for the building’s exterior curtain wall which consisted… Continue reading New Jersey/New York “Occurrence”