Stan Martin – September 4, 2013 The contractor’s excavator digging the foundation for a new building undermines the abutting building, which collapses, and a worker is injured. In the subsequent lawsuits, one by the abutter and one by the injured worker, the project owner tenders the defense to its GL carrier. The carrier eventually gets… Continue reading A Cautionary Insurance Tale for Project Owners
Tag: insurance coverage
Georgia Supreme Court Rules on Insurance Coverage for Construction Defects
John L. Watkins and Russ Rogers – July 19, 2013 Overview On July 18, 2013, in Taylor Morrison Services, Inc. v. HDI-Gerling Ins. Co., the Supreme Court of Georgia decided two important certified questions from the United States Court of Appeals for the Eleventh Circuit that affirm and expand the rights of property owners and… Continue reading Georgia Supreme Court Rules on Insurance Coverage for Construction Defects
No Need of Injury to Others’ Property to be an “Occurrence” Under a CGL Insurance Policy
Stephen Pudner – July 19, 2013 In an opinion last week that could have far reaching ramifications in the construction industry in the insurance coverage context, the Supreme Court of Georgia ruled that an “occurrence” under a standard Commercial General Liability (CGL) policy may be based on a breach of warranty claim and does not require… Continue reading No Need of Injury to Others’ Property to be an “Occurrence” Under a CGL Insurance Policy
Coverage for Hailstorm Neither “Abstract nor Hypothetical”, Texas Court Rules
Manatt, Phelps & Phillips, LLP – July 12, 2013 An insured could seek a declaratory judgment of coverage under a property insurance policy just four days after filing a claim, even where the amount of damages was undetermined and the insurer had yet to issue a coverage determination, a Texas federal district court recently ruled.… Continue reading Coverage for Hailstorm Neither “Abstract nor Hypothetical”, Texas Court Rules
Defects in an Insured’s Own Work are “Unmistakably Included” in the Definition of “Occurrence” in CGL Policy, Rules Second Circuit.
Laura R. Thomson – April 22, 2013 The Second Circuit’s recent decision in Scottsdale Insurance Company v. R.I. Pools, Inc., Case No. 11-3529, 2013 WL 1150217 (2d Cir. March 21, 2013) should be welcome news for Connecticut contractors insured under CGL policies with Broad Form Property Damage Coverage, seeking coverage for losses to their work… Continue reading Defects in an Insured’s Own Work are “Unmistakably Included” in the Definition of “Occurrence” in CGL Policy, Rules Second Circuit.