Gabrielle T. Kelly | Brouse McDowell | September 22, 2017 Good news for businesses in the construction industry: South Dakota has become the latest jurisdiction to hold that construction defect claims are covered by commercial general liability (CGL) policies. In Owners Insurance Company v. Tibke Construction, Inc., et al., the South Dakota Supreme Court held that… Continue reading Insurance Coverage for Construction Defect Claims
Tag: faulty workmanship
Seventh Circuit Confirms Additional Insured’s Coverage for Alleged Construction Defects
Tred Eyerly | Insurance Law Hawaii | August 9, 2017 The Seventh Circuit held that the underlying complaint alleged an occurrence by asserting that the painting subcontractor was negligent in causing damage to the building. Westfield Ins. Co. v. Nat’l Decorating Serv., Inc., 2017 U.S. App. LEXIS 12516 (7th Cir. July 13, 2017). McHugh Construction, the… Continue reading Seventh Circuit Confirms Additional Insured’s Coverage for Alleged Construction Defects
Colorado Court Enforces Statute that Presumes Faulty Workmanship Constitutes an Occurrence
Matthew D. Stockwell | Pillsbury Winthrop Shaw Pittman LLP | March 21, 2017 Is damage resulting from faulty workmanship covered under your CGL policy? In the past, insurers have had success in certain jurisdictions arguing that construction defect cases did not constitute a covered “occurrence” because the damage was purportedly not unintended or unexpected. In… Continue reading Colorado Court Enforces Statute that Presumes Faulty Workmanship Constitutes an Occurrence
Seventh Circuit Finds Faulty Work Not a Covered “Occurrence”
Traub Lieberman Straus & Shrewsberry LLP | March 21, 2017 In Allied Prop. & Cas. Ins. Co. v. Metro North Condo. Ass’n, No. 16-1868, 2017 U.S. App. LEXIS 4107 (7th Cir. Mar. 8, 2017), the Seventh Circuit had occasion to consider whether claims of faulty workmanship could constitute “property damage” caused by an “occurrence” as… Continue reading Seventh Circuit Finds Faulty Work Not a Covered “Occurrence”
Colorado Court Enforces Statute that Presumes Faulty Workmanship Constitutes an Occurrence
Matthew D. Stockwell | Pillsbury Winthrop Shaw Pittman LLP | March 21, 2017 Is damage resulting from faulty workmanship covered under your CGL policy? In the past, insurers have had success in certain jurisdictions arguing that construction defect cases did not constitute a covered “occurrence” because the damage was purportedly not unintended or unexpected. In… Continue reading Colorado Court Enforces Statute that Presumes Faulty Workmanship Constitutes an Occurrence