John Corbett | Barnes & Thornburg Construction Law Update | December 1, 2017 Insurance companies have long contended that commercial general liability (CGL) policies do not cover property damage involving alleged deficient workmanship by the insured. In a number of early cases, courts held that deficient workmanship cannot be an accident within the meaning of… Continue reading Listen to What the Insurance Policy Says: Construing Commercial General Liability Exclusions Without Preconceptions
Tag: property damage
Court Holds Actual Cash Value Policy Provision Unconscionable
Charles Mathis | Property Insurance Coverage Law Blog | December 2, 2017 Sometimes when researching one issue, a case will pop up that isn’t what we were looking for, but nonetheless is worthy of note. While I was trying to help a public adjuster with some case law research the other day, I came across… Continue reading Court Holds Actual Cash Value Policy Provision Unconscionable
Overhead and Profit Should be Included with Payments Made on Actual Cash Value Basis
Jonathan Bukowski | Property Insurance Coverage Law Blog | November 15, 2017 While many carriers continue their attempt to exclude overhead and profit from property damage claim payments made on an actual cash value basis, the majority approach across the United States has been to include general contractor overhead and profit in actual cash value… Continue reading Overhead and Profit Should be Included with Payments Made on Actual Cash Value Basis
Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues
Garret Murai | California Construction Law Blog | November 13, 2017 I read once that 97 percent of cases never go to trial. However, there are still the ones that do. And, then, there are the ones that do both. The following case, Global Modular, Inc. v. Kadena Pacific, Inc., California Court of Appeals for the Fourth District,… Continue reading Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues
New Jersey Court: Continuous Trigger Ends When Nature of Damage Is Known
Melissa Brill and Laura B. Dowgin | Cozen O’Connor | October 20, 2017 Last week, the New Jersey Appellate Division issued a decision that may have a significant impact on insurance coverage for progressive property damage claims in the state. In Air Master & Cooling, Inc. v. Selective Ins. Co. of Am., No. A-5415-15T3, 2017 WL 4507547 (N.J.… Continue reading New Jersey Court: Continuous Trigger Ends When Nature of Damage Is Known