Aaron Mandel and Stevi Raab – April 30, 2013 As noted in our previous installment of CDCQ, the “occurrence” issue is one of the most hotly litigated topics in construction defect coverage cases. This last quarter was no exception. Two recent cases addressing this issue – and reaching opposite results when it comes to whether… Continue reading The “Occurrence” Debate Continues: Pennsylvania and North Dakota Edition
Tag: construction defects
When Does an “Occurrence” Occur?
Jerome Sturhahn – May 1, 2013 Two federal courts in Denver recently addressed a fundamental question that exists in almost every construction defect case – when did the property damage that gives rise to liability, and the insurer’s obligation, occur? The answer to the question of when the damage occurred helps determine which policy is… Continue reading When Does an “Occurrence” Occur?
How to “Win Big” in the Construction Industry
Brian Hill – May 3, 2013 First off, let’s get some very important caveats out of the way. I am not an attorney and this article should not be taken as legal advice whatsoever. In fact, chances are that your construction attorney would advise against anything you are about to read. I’m also fairly certain that your… Continue reading How to “Win Big” in the Construction Industry
Defects in an Insured’s Own Work are “Unmistakably Included” in the Definition of “Occurrence” in CGL Policy, Rules Second Circuit.
Laura R. Thomson – April 22, 2013 The Second Circuit’s recent decision in Scottsdale Insurance Company v. R.I. Pools, Inc., Case No. 11-3529, 2013 WL 1150217 (2d Cir. March 21, 2013) should be welcome news for Connecticut contractors insured under CGL policies with Broad Form Property Damage Coverage, seeking coverage for losses to their work… Continue reading Defects in an Insured’s Own Work are “Unmistakably Included” in the Definition of “Occurrence” in CGL Policy, Rules Second Circuit.
Sixth Circuit Holds That Insurer Is Required to Defend Contractor in Claim by Customer, as “Your Work” Exclusion in CGL Policy Is Inapplicable
Peter Georgiton – April 25, 2013 In Forrest Construction, Inc. v. The Cincinnati Insurance Co., No. 11-6262, 2013 U.S. App. LEXIS 722 (6th Cir.), the United States Court of Appeals for the Sixth Circuit held that an insurer breached its policy with an insured contractor when it declined to defend the contractor from a counterclaim… Continue reading Sixth Circuit Holds That Insurer Is Required to Defend Contractor in Claim by Customer, as “Your Work” Exclusion in CGL Policy Is Inapplicable