John J. Kozak, Esq. | Florida Construction Law News | April 24, 2018 Commercial General Liability (CGL) policies typically include a “your work” exclusion, excluding coverage for “’property damage’ to ‘your work’ arising out of it or any part of it and included in the ‘products-completed operations hazard.’” These CGL policies define “your work,” in… Continue reading The Importance of the Subcontractor Exception to the “Your Work” Exclusion
Tag: property damage
Can a Marijuana Grow Operation Also Be a “Residence”?
Stephanie Poll | Property Insurance Coverage Law Blog | April 25, 2018 The case of Weingarten v. Auto Owners Insurance Company,1 may have raised some interesting ideas about insurance policy interpretation, yet it was ultimately decided by a number of case-specific facts. Connie and Edward Weingarten sued their homeowner’s insurer, Auto-Owners Insurance Company, arguing that the company… Continue reading Can a Marijuana Grow Operation Also Be a “Residence”?
No Coverage for Property that was not Insured’s “Primary Residence” as Described Under the Policy
Marie Laur | Property Insurance Coverage Law Blog | April 8, 2018 A Maryland court recently ruled there was no insurance coverage available to an insured for a loss to her property that was not her primary residence. In the case Liberty Insurance Corp. v. Barnes,1 the district court ruled that the clear language of the policy… Continue reading No Coverage for Property that was not Insured’s “Primary Residence” as Described Under the Policy
Jury Instruction That Fails to Utilize Concurrent Cause for Property Loss is Erroneous
Tred R. Eyerly | Insurance Law Hawaii | March 19, 2018 The Florida District Court reversed erroneous jury instructions that adopted the efficient proximate cause doctrine in determining whether the insurer was responsible for the insureds’ collapsed roof. Jones v. Federated National Ins. Co., 2018 Fla. App. LEXIS 561 (Fla. Ct. App. Jan. 17, 2018). The… Continue reading Jury Instruction That Fails to Utilize Concurrent Cause for Property Loss is Erroneous
Anti-Indemnity Legislation Is A Growing Trend in Western States
Andrew G. Witik | Litchfield Cavo LLP | March 22, 2018 The growing trend in the Western states of anti-indemnity legislation vis-à-vis construction activities has produced its most recent published and precedential decision in Oklahoma, JP Energy Marketing v. Commerce And Industry Insurance Co., 2018 OK CIV APP 14, 412 P.3d 121 (03/01/2018). This coverage… Continue reading Anti-Indemnity Legislation Is A Growing Trend in Western States