Tred R. Eyerly | Insurance Law Hawaii The Eighth Circuit faced unusual facts in determining that the collapse of a cave serving as a storage facility was not covered under the policy. Westchester Surplus Lines Ins. Co. v. Interstate Underground Warehouse & Storage, Inc., 2020 U. S. App. LEXIS 83 8th Cir. Jan. 3,… Continue reading Collapse of Underground Storage Cave Not Covered
Tag: insurance coverage
Coverage for Faulty Workmanship Denied
Tred R. Eyerly | Insurance Law Hawaii The court found there was no coverage for the insureds’ alleged negligent failure to construct a building. Evanston Ins. Co. v. DCM Contracting, 2020 U.S. Dist. LEXIS 63977 (N.D. Ga. Feb. 28, 2020). Turning Point Church sued DCM Contracting for faulty workmanship on a construction… Continue reading Coverage for Faulty Workmanship Denied
Resulting-Loss Exception Does Not Restore Coverage For Faulty Workmanship
Larry P. Schiffer | Insurance and Reinsurance Disputes Blog The faulty workmanship exclusion precludes coverage where the claimed damage is caused by or resulting from an act, error or omission (negligent or not) that relates to the design, specifications, construction, materials or workmanship. Can coverage nevertheless be restored by the resulting-loss exception to the exclusion? … Continue reading Resulting-Loss Exception Does Not Restore Coverage For Faulty Workmanship
Interpreting Insurance Coverage and Exclusions: When Sudden means Sudden and EIFS means Faulty
Ben Volpe | Higgins, Hopkins, McLain & Roswell EIFS, or Exterior Insulation and Finish System, is an integrated exterior insulation and synthetic stucco system, praised for its energy efficiency.[1] However, EIFS has come to be well known in the construction defect world as placing homes at risk due to a lack of a built-in moisture management system.… Continue reading Interpreting Insurance Coverage and Exclusions: When Sudden means Sudden and EIFS means Faulty
Florida Court Holds Insurer Not Required To Plead Exclusions As Affirmative Defenses To Preserve Defenses To Coverage
Kelly N. Hallisey | Phelps Dunbar A Florida appellate court held that under a named perils policy, an insurer need not plead a policy exclusion as an affirmative defense in order to present evidence that an insured’s damage was the result of a non-covered cause of loss. Citizen’s Prop. Ins. Corp. v. Kings Creek South Condo,… Continue reading Florida Court Holds Insurer Not Required To Plead Exclusions As Affirmative Defenses To Preserve Defenses To Coverage