Texas Supreme Court Rules CGL Policy’s “Contractual Liability” Exclusion Does Not Bar Coverage for Claims Arising From Construction Defects

David Baay, Kent Collier, Lee Davis, Jennifer Fletcher, Juan Garcia and Daniel Johnson – Sutherland Asbill & Brennan, LLP – January 22, 2014

Construction Defect Ruling in California Creates Uncertainty, Claims AxisPointe CEO

Digital Journal – January 14, 2014 On Dec. 18 the California Supreme Court denied a motion to hear Brookfield’s appeal regarding the Fourth Circuit ruling in Liberty v. Brookfield Homes. The court, in the case of Liberty Mutual Ins. Co. v. Brookfield Crystal Cove LLC (Cal.App. 4 Dist., Case No. G046731, August 28, 2013) effectively… Continue reading Construction Defect Ruling in California Creates Uncertainty, Claims AxisPointe CEO

Developers and Homebuilders: the Ramifications of Yanni v. Tucker Plumbing, Inc.

Robert A. Henry – Snell & Wilmer – December 6, 2013 On November 20, 2013, Division Two of the Arizona Court of Appeals issued its opinion in Yanni v. Tucker Plumbing, Inc., 2013 Ariz. App. LEXIS 235. While the opinion was a victory of sorts for the real estate and construction industry generally in Arizona, the… Continue reading Developers and Homebuilders: the Ramifications of Yanni v. Tucker Plumbing, Inc.

Settlement Payment May Preclude Finding of Policy Exhaustion: Scottsdale v. National Union

Heather Anderson – December 11, 2013 In the last year, the U.S. District Court for the District of Colorado found that a settlement payment from an excess insurance carrier to another primary insurance carrier precluded a finding of vertical exhaustion sufficient to trigger the primary carrier’s duty to indemnify.  See Scottsdale Ins. Co. v. National… Continue reading Settlement Payment May Preclude Finding of Policy Exhaustion: Scottsdale v. National Union