Troutman Sanders | January 23, 2017 In Navigators v. Moorefield, the court addresses two coverage questions in the context of a commercial general liability insurer’s action for reimbursement of all amounts it paid toward the settlement of construction defect litigation against its general contractor insured. First, if the policy states that it covers property damage… Continue reading A Known Construction Defect Left Uncorrected Is Not An Accidental “Occurrence”
Tag: insurance coverage
California Supreme Court Upholds Replacement Cost Estimate Regulation (For Now)
Dina R. Richman | Property Insurance Law Observer | January 27, 2017 In 2011, the California Insurance Commissioner promulgated a regulation governing replacement cost estimates for homeowners insurance (Cal. Code Regs., tit. 10, §2695.183 [the Regulation]). After the trial court and intermediate court of appeal invalidated the Regulation, this week the California Supreme Court reversed those… Continue reading California Supreme Court Upholds Replacement Cost Estimate Regulation (For Now)
Subcontractor Exception to “Your Work” Exclusion Does Not Apply to Coverage Under Subcontractor’s Policy
Tred R. Eyerly | Insurance Law Hawaii | January 25, 2017 The Arizona Court of Appeals overturned the trial court’s determination that the general contractor was entitled to coverage under the subcontractor’s exception to the “Your Work” exclusion. Double AA Builders v. Preferred Contrs. Ins. Co., 2016 Ariz. App. LEXIS 294 (Ariz. Ct. App. Dec.… Continue reading Subcontractor Exception to “Your Work” Exclusion Does Not Apply to Coverage Under Subcontractor’s Policy
District of Connecticut Reaffirms That Definition Of “Collapse” Is Unambiguous
Timothy Larsen | Property Insurance Coverage Insights | January 25, 2017 The United States District Court for the District of Connecticut recently reaffirmed its ruling that the term “collapse,” as defined by a homeowners insurance policy, is unambiguous and that the policy in question did not provide coverage for the alleged “cracking” and/or “bulging” of… Continue reading District of Connecticut Reaffirms That Definition Of “Collapse” Is Unambiguous
No “Occurrence” Found Where Contractor Intentionally Performed Defective Work With The Hope It Would Not Cause Property Damage
Steven R. Inouye and George P. Soares | Gordon & Rees LLP | January 20, 2017 The California Court of Appeal, Fourth Appellate District, affirmed in part and reversed in part an order awarding an insurance company its $1 million policy limits used to settle a construction defect claim on behalf of an insured general… Continue reading No “Occurrence” Found Where Contractor Intentionally Performed Defective Work With The Hope It Would Not Cause Property Damage