Contractors, Beware: General Liability Insurers Wrongfully Denying Claims for Damage Caused by Defective Subcontractor Work

Eric Eisenberg and Robert Ferguson, Jr. | Hinckley Allen As a contractor, you are familiar with working together with subcontractors — delegating project scope as part of the overall job. However, when a subcontractor’s work is defective, who is liable for the damage? This is not an unfamiliar issue to contractors — more than likely,… Continue reading Contractors, Beware: General Liability Insurers Wrongfully Denying Claims for Damage Caused by Defective Subcontractor Work

Insurer Has Duty to Defend Faulty Workmanship Claim

Tred R. Eyerly | Insurance Law Hawaii     The magistrate judge recommended a determination that the insurer owed a defense to the subcontractor sued for faulty workmanship. Hanover Lloyds Ins Co. v. Donegal Mut. Ins. Co., 2023 U.S. Dist. LEXIS 180877 (W.D. Texas Oct. 5, 2023).      Poe Investments, Ltd. entered into  an agreement… Continue reading Insurer Has Duty to Defend Faulty Workmanship Claim

Insurer’s Motion for Judgment on the Pleadings for Construction Defect Claim Rejected

Tred R. Eyerly | Insurance Law Hawaii     The magistrate judge recommended that the insurer’s motion for judgment on the pleadings be denied in a case involving coverage for the insured subcontractor’s alleged faulty workmanship. Evanston Ins. Co. v. Sonny Glasbrenner, Inc., 2023 U.S. Dist. LEXIS 190019 (M.D. Fla. Oct. 20, 2023).      Cone… Continue reading Insurer’s Motion for Judgment on the Pleadings for Construction Defect Claim Rejected

No Coverage for Construction Defect Claim Only Impacting Insured’s Work

Tred R. Eyerly | Insurance Law Hawaii     In a coverage dispute between two insurers over a claim for damages caused by faulty workmanship, the court found there was no right to equitable contribution or indemnity. Travelers Prop. Cas. Co. of Am. v. Mallcraft, Inc., 2023 Cal. Super. LEXIS 67568 (Cal. Super. Ct. Sept. 15,… Continue reading No Coverage for Construction Defect Claim Only Impacting Insured’s Work

Illinois Supreme Court Holds that Constructions Defects May Constitute “Property Damage” Caused By An “Occurrence” Under Standard CGL Policy, Overruling Prior Appellate Court Precedent

Jason Taylor | Insurance Law Blog On November 30, 2023, the Illinois Supreme Court issued an opinion that overturned precedent in Illinois regarding whether faulty workmanship that only caused damage to the insured’s own work constituted “property damage” caused by an “occurrence” under Illinois law. In Acuity v. M/I Homes of Chicago, LLC, 2023 IL 129087, the… Continue reading Illinois Supreme Court Holds that Constructions Defects May Constitute “Property Damage” Caused By An “Occurrence” Under Standard CGL Policy, Overruling Prior Appellate Court Precedent

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