Alexandra DiFusco, Frederic J. Giordano and Patrick J. Perrone | K&L Gates A recent New Jersey trial court decision confirmed expansive coverage for commercial general liability policyholders entrenched in construction defect litigation involving continuous and progressive property damage. New Jersey applies the “continuous trigger” method to insurance coverage claims involving progressive and indivisible injuries, as… Continue reading NJ Court Rejects Coverage-Minimizing Application of Non-Cumulation Clauses in Construction Defect Cases
Tag: Continuous Trigger
Continuous-Trigger theory, Construction Defects Coverage Update
Joshua LaBar | Plunkett Cooney The West Virginia Supreme Court of Appeals answered the following certified question from the U.S. Court of Appeals for the Fourth Circuit: “At what point in time does bodily injury occur to trigger insurance coverage for claims stemming from chemical exposure or other analogous harm that contributed to the development… Continue reading Continuous-Trigger theory, Construction Defects Coverage Update
Breaking News: Connecticut Supreme Court Decides Significant Coverage Issues in R.T. Vanderbilt
Patricia B. Santelle and Ciaran B. Way | White and Williams On October 4, 2019 (almost two years after granting certification), the Connecticut Supreme Court affirmed the Appellate Court’s rulings on four key coverage issues in R.T. Vanderbilt Company v. Hartford Accident & Indemnity Company, et al. The coverage dispute in Vanderbilt concerns underlying actions alleging that talc and… Continue reading Breaking News: Connecticut Supreme Court Decides Significant Coverage Issues in R.T. Vanderbilt
Connecticut Supreme Court Affirms Continuous Trigger and Unavailability Exception, Makes First-In-The-Nation Law Regarding Occupational Disease Exclusion
Paul C. Fuener | K&L Gates | October 28, 2019 Introduction Earlier this month, the Connecticut Supreme Court (the “Supreme Court”) finally issued its long-anticipated ruling regarding the Connecticut Appellate Court’s (the “Appellate Court”) landmark 2017 decision in R.T. Vanderbilt v. Hartford Accident and Indemnity Co. (the “2017 Appellate Court Decision”). [1] The Supreme Court adopted in… Continue reading Connecticut Supreme Court Affirms Continuous Trigger and Unavailability Exception, Makes First-In-The-Nation Law Regarding Occupational Disease Exclusion
New Jersey Court Adopts Continuous Trigger for Construction Defect Claims
Tred Eyerly | Insurance Law Hawaii | November 15, 2017 The New Jersey Superior Court, Appellate Division, adopted the continuous trigger for establishing which insurers were on the risk for construction defect claims. Air Master & Cooling, Inc. v. Selective Ins. Co. of Am., 2017 N.J. Super. LEXIS 144 (N.J. Super. Ct., App. Div. Oct. 10,… Continue reading New Jersey Court Adopts Continuous Trigger for Construction Defect Claims