Federal Court Reaffirms That There is No Duty to Defend or Indemnify a Builder for Defective Construction Work

David M. McLain | Colorado Construction Litigation | December 18, 2017 Association Insurance Company v. Carbondale Glen Lot E-8, LLC In a case that squarely confronts the juxtaposition of an insurer’s duty to defend or indemnify its insured for construction related defects, the United States District Court for the District of Colorado recently granted an… Continue reading Federal Court Reaffirms That There is No Duty to Defend or Indemnify a Builder for Defective Construction Work

Finally, a happy Additional Insured!

Robert M. Frey | Butler Snow LLP | December 1, 2017 We have noted, again and again, examples of disappointed Additional Insureds.  Today we report that at least one Additional Insured has left the Courthouse smiling.  It was, however, to paraphrase Wellington, a near-run thing. The case is Pekin Ins. Co. v. Ledcor Constr., Inc., 2017 IL App (1st) 162623-U.… Continue reading Finally, a happy Additional Insured!

Liability and Insurance Coverage for Subcontractor’s Negligence: Do Your Form Contracts and Insurance Policies Still Fit?

Joseph Fullenkamp | Barnes & Thornburg LLP | July 25, 2017 Two recent Indiana decisions highlight the importance of understanding the terms of your construction contracts, ensuring they are consistent with your insurance policies, and that they comply with the law of your jurisdiction. Simply using form contracts or recycling contract provisions without tailoring them… Continue reading Liability and Insurance Coverage for Subcontractor’s Negligence: Do Your Form Contracts and Insurance Policies Still Fit?

The Importance of Identifying Time Limitations Within Colorado Insurance Policies for Filing Suit

Jonathan Bukowski | Property Insurance Coverage Law Blog | December 16, 2017 While Colorado Revised Statute § 13-80-101(1) provides that a lawsuit based on a breach of contract must be brought within three years after the cause of action accrues, Colorado allows insurance companies to shorten this period within the insurance contract to as little… Continue reading The Importance of Identifying Time Limitations Within Colorado Insurance Policies for Filing Suit

Is Water Damage Caused by a Burst Water Main Covered?

Edward Eshoo | Property Insurance Coverage Law Blog | December 7, 2017 An Illinois homeowner recently contacted me regarding an insurer’s denial of a water damage claim. The facts were: An underground pipe which was part of a municipal water supply system (“the water main”) burst and water was released from the water main. The… Continue reading Is Water Damage Caused by a Burst Water Main Covered?