Coverage for Construction Defects Caused by Subcontractor Work

Amanda M. Leffler | Brouse McDowell | September 12, 2017 The Ohio Supreme Court has held that claims for the cost to repair an insured’s own defective work are not covered because they “are not claims for ‘property damage’ caused by an ‘occurrence’ under a [CGL] policy.” See Westfield Ins. Co. v. Custom Agri Sys., Inc.,… Continue reading Coverage for Construction Defects Caused by Subcontractor Work

California Supreme Court Affirms California Fair Plan Ass’n v. Garnes, and Preserves Homeowners’ Interests

Stephanie Poll | Property Insurance Coverage Law Blog | August 17, 2017 The California Department of Insurance recently issued a press release announcing that the California Supreme Court affirmed the homeowner reimbursement protections recently decided in California Fair Plan Association v. Garnes.1 Back in June, my colleague Kevin Pollack wrote about the recent decision and whether actual cash value means fair… Continue reading California Supreme Court Affirms California Fair Plan Ass’n v. Garnes, and Preserves Homeowners’ Interests

Colorado Statutory Bad Faith: Doubling Down On An Insurer’s Unreasonable Delay Or Denial

Jonathan Bukowski | Property Insurance Coverage Law Blog | August 19, 2017 In August 2008, Colorado created a statutory bad faith claim of action for first-party policyholders not only separate and distinct from a claim for common law bad faith breach of an insurance contract, but establishes a much more reasonable threshold to prevail against… Continue reading Colorado Statutory Bad Faith: Doubling Down On An Insurer’s Unreasonable Delay Or Denial

Iowa Appellate Court Upholds Appraisal Award For Insured

Christina Phillips | Property Insurance Coverage Law Blog | August 20, 2017 Recently the Iowa Court of Appeals reversed the district court and upheld an approximate $1.4 million dollar appraisal award entered for the Walnut Creek Townhome Association.1 Walnut Creek’s thirty-six buildings had been damaged by a hail storm in August, 2012. Prior to that,… Continue reading Iowa Appellate Court Upholds Appraisal Award For Insured

Liability for Independent Contractors

Raymond P. Dudlo | Stoll Keenon Ogden PLLC | August 28, 2017 Generally, employers and general contractors do not have a duty to supervise the work of an independent contractor to assure a safe workplace. The general rule in Indiana, therefore, is that general contractors are not liable for the negligence of independent contractors. However,… Continue reading Liability for Independent Contractors