John V. Garaffa | Butler Weihmuller Katz Craig On September 8, 2020 the United States Court of Appeals for the Eleventh Circuit issued its decision in Port Consolidated, Inc. v. International Insurance Company of Hannover, PLC, 2020 WL 5372281 (11th Cir 2020). The decision is notable for two reasons. First, the Court addressed whether definitions in… Continue reading Defining Occurrence – When Policy Definitions Do Not Apply to All Coverages
Tag: insurance coverage
Coverage for Faulty Workmanship Denied
Tred R. Eyerly | Insurance Law Hawaii The court found that the insurer had no duty to defend claims against the insured for faulty workmanship. HT Services, LLC v. Western Heritage Ins. Co., 2020 U.S. Dist. LEXIS 123664 (D. Colo. July 10, 2020). Western Heritage Insurance Company issued three concurrent general liability… Continue reading Coverage for Faulty Workmanship Denied
What is ‘Physical Loss’? Court Opens the Door for Policy Holders
Loren R. Taub | Cadwalader Wickersham & Taft In a recent decision by the United States District Court for the Western District of Missouri, Southern Division, the court denied an insurance company defendant’s motion to dismiss based on the assertion that COVID-19 does not result in “direct physical loss or direct physical damage”[1] to real property… Continue reading What is ‘Physical Loss’? Court Opens the Door for Policy Holders
South Carolina Supreme Court Holds Insurers Not Entitled to Intervene in Construction Defect Action to Contest Coverage
Jared Burtner | Phelps Dunbar The Supreme Court of South Carolina held that the insurers of contractors and subcontractors sued in a construction defect action could not intervene in order to obtain a verdict that would apportion liability and damages among the insurers without the need of a subsequent declaratory judgment action. Builders Mut. Ins.… Continue reading South Carolina Supreme Court Holds Insurers Not Entitled to Intervene in Construction Defect Action to Contest Coverage
Policy Clauses, Exclusions and Endorsements: Language Matters
Heather Howell Wright and Alexander G. Thrasher | Buildsmart The Ninth Circuit Court of Appeals just reminded policyholders that while coverage exclusions are to be read narrowly, they must also be read comprehensively. In Engineered Structures, Inc. v. Travelers Property Casualty Company of America, Engineered Structures, Inc. (ESI) obtained a builders’ risk insurance policy from Travelers… Continue reading Policy Clauses, Exclusions and Endorsements: Language Matters