A Primer on Insurance for Construction Projects

Garret Murai | California Construction Law Blog People who live in glass houses should have insurance (in addition to not throwing stones). So too should your construction project. The risks inherent on a construction project are many and varied, ranging from property damage to personal injury to pollution remediation costs, and wise contractors and project… Continue reading A Primer on Insurance for Construction Projects

Fungi, Wet Rot, Dry Rot and “Virus”: One of These Things is Not Like the Other

Hugh D. Hughes | SDV Insights The Hartford’s so-called virus exclusion in its commercial property forms is getting a workout, and policyholders now have an argument that may help their cases move past the pleadings stage. A U.S. District Court in Florida has deemed the exclusion ambiguous and denied an insurer’s motion to dismiss.1 The exclusion… Continue reading Fungi, Wet Rot, Dry Rot and “Virus”: One of These Things is Not Like the Other

Insured’s Experts Excluded, But Insurer’s Motion for Summary Judgment Denied

Tred R. Eyerly | Insurance Law Hawaii     Despite barring the insured’s expert witnesses from testifying as to the cause of the loss, lay witnesses were still available, making the district court’s award of summary judgment to the insurer improper. Greater Hall Temple Church of God v. Southern Mut. Church Ins. Co., 2020 U.S. App.… Continue reading Insured’s Experts Excluded, But Insurer’s Motion for Summary Judgment Denied

The Ancient “But For” Test Controls Coverage Dispute

Barry Zalma | Zalma on Insurance Additional Insured Endorsement Insures Lessor for Slip and Fall in Parking Lot Serving Property Leased When the use of the property as a gas station / convenience store depended on customers’ ability to ingress and egress through the attached parking lot – even though the lessees’ lease did not… Continue reading The Ancient “But For” Test Controls Coverage Dispute

Connecticut Supreme Court Finds Duty to Defend When Case Law is Uncertain

Eric B. Hermanson and Austin D. Moody | White and Williams The Connecticut Supreme Court recently addressed whether an insurer has a duty to defend when faced with legal uncertainty as to whether coverage is owed: for example, when there is no Connecticut case law on point, and courts outside of the state have reached… Continue reading Connecticut Supreme Court Finds Duty to Defend When Case Law is Uncertain