Pollution Exclusion Prevents Coverage for Injury Caused by Insulation

Tred Eyerly | Insurance Law Hawaii | February 3, 2016 In a per curiam decision, the Fifth Circuit affirmed the district court’s holding that the pollution exclusion barred coverage for bodily injury caused by the insured’s insulation. Evanston Ins. Co. v. Lapolla Industries, Inc., 2015 U.S. App. LEXIS 22552 (5th Cir. Dec. 23, 2015). The homeowners’… Continue reading Pollution Exclusion Prevents Coverage for Injury Caused by Insulation

Litigating Construction Defects in Community Association Property: Part II

D. Brad Hughes | Jimerson & Cobb P.A. | March 16, 2016 Recap of Part 1 This article is Part II of a four part series. Part I was meant to inform the Board of a Condominium or Homeowners Association of some basic steps that should be taken when significant latent construction defects are discovered.… Continue reading Litigating Construction Defects in Community Association Property: Part II

OCIP Liability Insurer Required to Indemnify Florida Contractor for $23M in Property Damage Arising out of Defective Subcontractor Work

Jeffery R. Mullen | Pepper Hamilton LLP | March 14, 2016 Pavarini Construction Co. v. Ace American Insurance Co., 2015 U.S. Dist. LEXIS 151247 (S.D. Fla. Oct. 29, 2015) This action arose out of a construction project to build a 63-story luxury condominium tower located in Miami, Florida (“Project”).  Pavarini Construction Co. (“Pavarini”) was the general… Continue reading OCIP Liability Insurer Required to Indemnify Florida Contractor for $23M in Property Damage Arising out of Defective Subcontractor Work

Is California Law Bad Faith Law Changing Due to Jury Instructions?

Denise Sze | Property Insurance Coverage Law Blog | March 10, 2016 In California, when it comes to insurance bad faith litigation we usually think of first party bad faith where an insurer owes a duty to its own insured. In fact, third party bad faith is barely recognized except where the third party insurer… Continue reading Is California Law Bad Faith Law Changing Due to Jury Instructions?

Construing Collapse Under a Homeowners’ Insurance Policy

Larry P. Schiffer | Squire Patton Boggs | March 9, 2016 Homeowners’ policies have become more complex as more and more homes have been built around the country. With the increase in natural and other disasters, including construction defect claims, homeowners have looked to their policies for coverage when disasters have destroyed or nearly destroyed… Continue reading Construing Collapse Under a Homeowners’ Insurance Policy