Steven A. Meyerowitz | Law.com | March 21, 2017 A federal district court in Oregon has ruled that carbon monoxide was a “pollutant” as defined in a commercial general liability (“CGL”) insurance policy such that the policy’s pollution exclusion served to exclude coverage for claims arising from alleged carbon monoxide poisoning. The Case Lawsuits filed… Continue reading Pollution Exclusion Precluded Coverage for Claims Arising from Alleged Carbon Monoxide Poisoning, Oregon District Court Rules
Tag: property damage
Federal Court in Pennsylvania Analyzes Which Types of Damage are Barred by Contractual Waiver of Consequential Damages
Kristopher Berr | Pepper Hamilton LLP | January 26, 2017 Jay Jala, LLC v. DDG Construction, Inc., No. 15-3948, 2016 US Dist. LEXIS 150969 (E.D. Pa. Nov. 1, 2016) Jay Jala, LLC was the owner of a motel construction project in Allentown, Pennsylvania. DDG Construction, Inc. was the contractor. The project was delayed during construction… Continue reading Federal Court in Pennsylvania Analyzes Which Types of Damage are Barred by Contractual Waiver of Consequential Damages
District of Connecticut Reaffirms That Definition Of “Collapse” Is Unambiguous
Timothy Larsen | Property Insurance Coverage Insights | January 25, 2017 The United States District Court for the District of Connecticut recently reaffirmed its ruling that the term “collapse,” as defined by a homeowners insurance policy, is unambiguous and that the policy in question did not provide coverage for the alleged “cracking” and/or “bulging” of… Continue reading District of Connecticut Reaffirms That Definition Of “Collapse” Is Unambiguous
No “Occurrence” Found Where Contractor Intentionally Performed Defective Work With The Hope It Would Not Cause Property Damage
Steven R. Inouye and George P. Soares | Gordon & Rees LLP | January 20, 2017 The California Court of Appeal, Fourth Appellate District, affirmed in part and reversed in part an order awarding an insurance company its $1 million policy limits used to settle a construction defect claim on behalf of an insured general… Continue reading No “Occurrence” Found Where Contractor Intentionally Performed Defective Work With The Hope It Would Not Cause Property Damage
Insurer Must Defend Where Possible Continuing Property Damage Occurred
Tred R. Eyerly | Insurance Law Hawaii | January 11, 2017 The California Court of Appeal overturned the trial court’s issuance of summary judgment based upon the possibility of continuing property damage during the insurer’s policy period. Tidwell Enters. v. Fin. Pac. Ins. Co., 2016 Cal. App. LEXIS 1038 (Cal. Ct. App. Nov. 29, 2016).… Continue reading Insurer Must Defend Where Possible Continuing Property Damage Occurred