Supplying Wrong Construction Materials Resulting in Rip-and-Tear Damage Not an “Occurrence,” 7th Circuit Holds

Timothy Carroll and Anthony Miscioscia | White and Williams The construction contract calls for International Building Code-compliant lumber. The insured doesn’t supply that. What the insured does supply gets installed but then ripped out and replaced, causing damage to the surrounding property into which the lumber was integrated. Such circumstances — not uncommon in the… Continue reading Supplying Wrong Construction Materials Resulting in Rip-and-Tear Damage Not an “Occurrence,” 7th Circuit Holds

Is Faulty Workmanship an “Occurrence” Under a CGL Policy?

Larry P. Schiffer | Squire Patton Boggs | September 16, 2019 Manufacturers often face multiple lawsuits when their products fail to perform as expected. Sometimes, the cause of the product’s failure is the faulty workmanship of a component manufacturer. When that is the case, the product manufacturer will seek damages from the component manufacturer for… Continue reading Is Faulty Workmanship an “Occurrence” Under a CGL Policy?

CGL Provides No Coverage for Damage to the Insured’s Work

Barry Zalma | Zalma on Insurance | March 22, 2019 Construction contracts are risk transfer devices. The owner shifts the risk of loss to the general contractor who shifts the risk of loss to subcontractors and all shift the risks of loss to their insurers. Commercial General Liability (CGL) policies agree to accept the risk… Continue reading CGL Provides No Coverage for Damage to the Insured’s Work

Wisconsin Follows “Cause Theory” in Determining Number of Occurrences

Andrew W. Miller | Brouse McDowell | March 1, 2019 In Secura Insurance v. Lyme St. Croix Forest Company, LLC, No. 2016AP299 (Oct. 30, 2018), the Wisconsin Supreme Court determined the number of occurrences arising from a large forest fire that took place in May of 2013. The fire in question allegedly began in a piece… Continue reading Wisconsin Follows “Cause Theory” in Determining Number of Occurrences

Multiple Instances of Defectively Designed, Manufactured, or Installed Windows Does Multiple Occurrences Make

Nora Valenza-Frost | PropertyCasualtyFocus | May 12, 2017 After previously holding that various claims against the insured, Pella, alleged property damage caused by an “occurrence,” thus triggering Liberty Mutual Insurance Company’s (“Liberty”) coverage obligations under various CGL policies, in Pella Corp. v. Liberty Mut. Ins. Co., No. 4:11-cv-00273 (S.D. Mar. 31, 2017), the Southern District… Continue reading Multiple Instances of Defectively Designed, Manufactured, or Installed Windows Does Multiple Occurrences Make

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