Insurer’s Summary Judgment Motion to Reject Claim for Construction Defects Upheld

Tred R. Eyerly | Insurance Law Hawaii | July 23, 2018 The Third Circuit upheld the district court’s order granting summary judgment in favor of the insurer on a claim seeking coverage for construction defects. Lenick Constr. v. Selective Way Ins. Co., 2018 U.S. App. LEXIS 15197 (3d Cir. June 6, 2018). Westrum was the general… Continue reading Insurer’s Summary Judgment Motion to Reject Claim for Construction Defects Upheld

Insurer Must Defend Contractor Against Claims of Faulty Workmanship

Tred R. Eyerly | Insurance Law Hawaii | May 21, 2018 The magistrate judge recommended that the insurer’s motion for summary judgment seeking to determine there was no coverage for claims of faulty workmanship be denied. Greystone Multi-Family Builders v. Gemini Ins. Co., 2018 U.S. Dist. LEXIS 56770 (S.D. Tex. Feb. 26, 2018). TPG (Post Oak)… Continue reading Insurer Must Defend Contractor Against Claims of Faulty Workmanship

Faulty Workmanship, Even if Charged as Negligence, Isn’t Fortuitous Enough to Be an “Occurrence” Under Liability Policy

Richard Wolf | Claims Journal | April 16, 2018 Every once in a while, a court teaches us by judicial decision an entire chapter of insurance law lessons we can carry with us, secure in the knowledge that we can reason our way to the right result in insurance coverage disputes. Such a court opinion… Continue reading Faulty Workmanship, Even if Charged as Negligence, Isn’t Fortuitous Enough to Be an “Occurrence” Under Liability Policy

Court Narrowly Interprets “Faulty Workmanship” Provision

Jeffrey J. Vita and Theresa A. Guertin | Saxe Doernberger & Vita PC | March 22, 2018 In a recent victory in their home state of Connecticut, Saxe Doernberger & Vita partners, Jeffrey Vita and Theresa Guertin, representing owner-developer 777 Main Street, LLC, overcame a summary judgment motion filed by Liberty Mutual Fire Insurance Company. The Connecticut Superior… Continue reading Court Narrowly Interprets “Faulty Workmanship” Provision

Listen to What the Insurance Policy Says: Construing Commercial General Liability Exclusions Without Preconceptions

John Corbett | Barnes & Thornburg Construction Law Update | December 1, 2017 Insurance companies have long contended that commercial general liability (CGL) policies do not cover property damage involving alleged deficient workmanship by the insured. In a number of early cases, courts held that deficient workmanship cannot be an accident within the meaning of… Continue reading Listen to What the Insurance Policy Says: Construing Commercial General Liability Exclusions Without Preconceptions