Anthony Osborn – October 23, 2013 As most people reading this blog post are aware, construction lawsuits can trigger seemingly countless insurance coverage issues. For example, were the alleged damages caused by an “occurrence” as defined in the contractor’s insurance policy? If so, did the damages begin and/or end during different years, thereby triggering multiple… Continue reading Draft Your Lawsuit to Trigger Insurance Coverage
Tag: duty to defend
New Case Affirms Broad Duty to Defend in Construction Defect Case Where Damage Dates Unclear
John Green – June 12, 2013 A new case from Oregon deals with a recurring problem in construction defect litigation—the absence of clear dates in the complaint regarding when damage is alleged to have occurred. Frequently, a plaintiff will allege that defects in a construction project have caused property damage to other elements of the… Continue reading New Case Affirms Broad Duty to Defend in Construction Defect Case Where Damage Dates Unclear
New Case Affirms Broad Duty to Defend in Construction Defect Case Where Damage Dates Unclear
John Green – June 11, 2013 A new case from Oregon deals with a recurring problem in construction defect litigation—the absence of clear dates in the complaint regarding when damage is alleged to have occurred. Frequently, a plaintiff will allege that defects in a construction project have caused property damage to other elements of the… Continue reading New Case Affirms Broad Duty to Defend in Construction Defect Case Where Damage Dates Unclear
Framing Of Damages Determines Duty To Defend In Recent New York Case
Scott B. Galla – May 5, 2013 A New York appellate court recently upheld a supreme court ruling that an insurer had a duty to defend a manufacturer’s faulty workmanship where it resulted in third party property damage. I.J. White Corp. v. Columbia Cas. Co., 2013 NY Slip Op 2500 (N.Y. App. Div. 1st Dep’t Apr.… Continue reading Framing Of Damages Determines Duty To Defend In Recent New York Case
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