Ali H. Jamwal | Saxe Doernberger & Vita The Supreme Court of Oregon recently ruled that a general contractor’s tort liability for its defective work may constitute a covered “occurrence” within the meaning of the ISO commercial general liability (“CGL”) policy, providing much needed clarity on the issue under Oregon law.[1] However, property damage arising solely… Continue reading Oregon Supreme Court Provides Much-Needed Clarity on the State’s Law Regarding Whether Damage from Construction Defect Constitutes An “Occurrence”
Tag: insurance
Court Interprets “Completion” of a Project Under Builder’s Risk Insurance
Joshua Tumen | Cozen O’Connor In Luke, Inc. v. Berkley National Insurance Company, 2025 WL 2210783 (W.D. Tenn. 2025), the United States District Court for the Western District of Tennessee determined that the “completion” of a construction project for purposes of coverage under a builder’s risk policy concerned the permanent physical elements of the structure, and… Continue reading Court Interprets “Completion” of a Project Under Builder’s Risk Insurance
The Contingent Duty to Indemnify
Timothy P. Law | Reed Smith An insurance company’s defense obligation carries with it a conditional obligation to indemnify in the event the policyholder is held liable for a claim covered by the policy. When a case is resolved by settlement, prior to findings of fact on which an analysis of coverage could be based,… Continue reading The Contingent Duty to Indemnify
Insurer’s Attempt to Challenge Appraisal Award Rejected
Tred R. Eyerly | Insurance Law Hawaii The insurer’s challenge to an appraisal award was rejected by the federal district court. Bogaerts v. State Farm Fire and Cas. Co., 2025 U.S. Dist. LEXIS 102170 (E.D. Mich. May 29, 2025). The plaintiffs’ home was destroyed by fire. State Farm was notified of the… Continue reading Insurer’s Attempt to Challenge Appraisal Award Rejected
When Is Late Notice Really Too Late?
Janet Tolbert | Wilson Elser The Western District of Texas Declines to Impose a Prejudice Requirement on a Fixed-Time Notice Provision in a Commercial Property Policy Texas is considered a “notice-prejudice” state, meaning that as a general rule an insurer is required to demonstrate it was prejudiced by an insured’s late notice of a claim… Continue reading When Is Late Notice Really Too Late?