Charles W. Surasky | Smith Currie & Hancock | October 25, 2017 In our last issue, we discussed the growing trend of courts recognizing that most defective work is accidental for purposes of commercial general liability insurance coverage. Does this mean that CGL insurance will pay for property damage caused by defective work? In many… Continue reading If Defective Work Is An Accident, Does That Mean It’s Covered?
Tag: insurance coverage
California Court of Appeal Clarifies Intent of Faulty Workmanship Exclusions
Tiffany Cassanova | Saxe Doernberger & Vita, P.C. | October 19, 2017 Last month, in Global Modular, Inc. v. Kadena Pacific, Inc., 1 a California Court of Appeal clarified the meaning of the frequently asserted j.(5) and j.(6) exclusions of the standard commercial general liability policy; an issue the court deemed one of “first impression” for… Continue reading California Court of Appeal Clarifies Intent of Faulty Workmanship Exclusions
The Professional Services Exclusion: You May Not Have the Coverage You Think
Richard H. Monk, III | Bradley Arant Boult Cummings LLP | October 23, 2017 Could you be providing “professional services” that might lead to liability excluded by your commercial general liability policy? The answer may be different than you think. A recent unpublished Eleventh Circuit opinion provides a reminder that it is important to review… Continue reading The Professional Services Exclusion: You May Not Have the Coverage You Think
New Jersey Court: Continuous Trigger Ends When Nature of Damage Is Known
Melissa Brill and Laura B. Dowgin | Cozen O’Connor | October 20, 2017 Last week, the New Jersey Appellate Division issued a decision that may have a significant impact on insurance coverage for progressive property damage claims in the state. In Air Master & Cooling, Inc. v. Selective Ins. Co. of Am., No. A-5415-15T3, 2017 WL 4507547 (N.J.… Continue reading New Jersey Court: Continuous Trigger Ends When Nature of Damage Is Known
Who Says You Can’t Choose Between Liquidated Damages or Actual Damages?
Kevin Walton | Snell & Wilmer | October 6, 2017 In Colorado, courts enforce liquidated damages provisions if three elements are satisfied: (1) the parties intended to liquidate damages; (2) the amount of liquidated damages was a reasonable estimate of the presumed actual damages caused by a breach; and (3) at the time of contracting,… Continue reading Who Says You Can’t Choose Between Liquidated Damages or Actual Damages?