Larry P. Schiffer | Insurance and Reinsurance Disputes Blog So after just blogging about how tough it is to avoid the duty to defend, the Seventh Circuit issues an opinion concluding that where the underlying allegations lack fortuity and there is no occurrence, there is no obligation for the insurance company to defend. In Lexington Insurance… Continue reading No Duty to Defend If No Fortuity and No Occurrence
Tag: “Occurrence”
Inadvertent Construction Defects Are an ‘Occurrence’ Under the CGL Insurance Policy
Clifford J. Shapiro | Barnes & Thornburg Whether property damage caused by defective construction work constitutes an accidental “occurrence” under the standard form Commercial General Liability (CGL) insurance policy is now highly dependent on which state’s law applies. Determining which state’s law applies to a particular construction defect claim is therefore critical and often outcome… Continue reading Inadvertent Construction Defects Are an ‘Occurrence’ Under the CGL Insurance Policy
Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context
Marianne Bradley and Anthony Miscioscia |White and Williams On December 31, 2019, the First District Illinois Appellate Court issued its decision in Owners Insurance Company v. Precision Painting & Decorating Corporation, clarifying what does and does not constitute “property damage” caused by an “occurrence” in the construction defect context. 2019 IL App. (1st) 190926-U, 2019 Ill.… Continue reading Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context
Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context
Marianne Bradley and Anthony Miscioscia | White and Williams LLP On December 31, 2019, the First District Illinois Appellate Court issued its decision in Owners Insurance Company v. Precision Painting & Decorating Corporation, clarifying what does and does not constitute “property damage” caused by an “occurrence” in the construction defect context. 2019 IL App. (1st) 190926-U,… Continue reading Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context
PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building Conditions
Anthony L. Miscioscia and Konrad R. Krebs | White and Williams | July 25, 2019 The standard for an “occurrence” under a commercial general liability (CGL) insurance policy has been addressed on several occasions by Pennsylvania courts when an insured has allegedly performed faulty workmanship on a construction project. Specifically, in Pennsylvania, a claim for… Continue reading PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building Conditions