Anthony Miscioscia and Laura Rossi | White and Williams On September 7, 2021, in one of the few decisions addressing the scope of coverage for faulty workmanship under Delaware law, the Delaware District Court denied an insurer’s motion seeking a declaration that it neither needed to defend nor indemnify an insured-builder under a commercial general… Continue reading Delaware District Court Finds CGL Insurer Owes Condo Builder a Duty to Defend Faulty Workmanship Claims — Based on the Subcontractor Exception to the Your Work Exclusion
Tag: duty to defend
No Allocation for Defense Costs Incurred in Lawsuit Comprised of Covered and Uncovered “Claims”
Emily Hart | Wiley Rein The U.S. District Court for the Northern District of California, applying California law, has held that, under a duty to defend policy, an insurer was required to pay defense costs incurred in a lawsuit where the lawsuit contained both covered and uncovered “claims.” Stem, Inc. v. Scottsdale Ins. Co., 2021 WL… Continue reading No Allocation for Defense Costs Incurred in Lawsuit Comprised of Covered and Uncovered “Claims”
Federal Court: Insurer Breaches Duty to Defend By Insisting it Owes Only a “Defense-Follows-Indemnity” Share of Defense Costs
Sarah Odia and Scott Thomas | Payne & Fears In an insurance recovery case being handled by Payne & Fears partners Scott Thomas and Sarah Odia, an Arizona federal court, applying Nevada law, recently held that NGM Insurance Company breached its duty to defend its additional-insured homebuilder by refusing to pay more than a proportionate… Continue reading Federal Court: Insurer Breaches Duty to Defend By Insisting it Owes Only a “Defense-Follows-Indemnity” Share of Defense Costs
Eastern District of Pennsylvania Confirms Carrier Owes No Duty to Defend Against Claims for Faulty Workmanship
Anthony L. Miscioscia and Marianne Bradley | White and Williams On March 17, 2021, the Eastern District of Pennsylvania issued its decision in Estate Chimney & Fireplace v. IFG Companies & Burlington Insurance Company, 2021 U.S. Dist. LEXIS 50360 (E.D. Pa. March 17, 2021), finding that an insurance carrier had no duty to defend its insured… Continue reading Eastern District of Pennsylvania Confirms Carrier Owes No Duty to Defend Against Claims for Faulty Workmanship
Illinois Court Determines Duty to Defend Construction Defect Claims
Tred R. Eyerly | Insurance Law Hawaii Given the underlying allegations of damage to personal property, the court determined the insurer had a duty to defend. Certain Underwriters at Lloyd’s London v. Metropolitan Builders, Inc., 2019 Ill. App. LEXIS 979 (Ill. Ct. App. Dec. 18, 2019). Metropolitan was hired as the general… Continue reading Illinois Court Determines Duty to Defend Construction Defect Claims