Kevin Pollack | Property Insurance Coverage Law Blog | September 5, 2016 If an HOA is sued pertaining to a dispute over property damage, and the opposing party prevails and obtains an award of attorney fees, does the HOA’s liability insurance policy cover the attorney fee award? According to a recent district court decision in… Continue reading Attorneys’ Fees Incurred and Awarded as a Result of a Property Damage Claim Are Covered Under HOA’s CGL Policy
Tag: property damage
NJ Supreme Court Holds Insurers Liable for Subcontractor’s Defective Work
Practical Law | August 18, 2016 In a case of first impression, the Supreme Court of New Jersey recently held that insurers may be liable for consequential damages resulting from a subcontractor’s defective work under commercial general liability insurance policies. On August 4, 2016, in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC, the… Continue reading NJ Supreme Court Holds Insurers Liable for Subcontractor’s Defective Work
Summary Judgment May Be Appropriate When Insured Fails to Take Reasonable Measures to Prevent Property Damage
Michael Henry | Property Insurance Law Observer | August 4, 2016 Many first party property insurance policies exclude claims for water damage that occurs when the insured premises is left vacant or unoccupied, unless the insured has used reasonable care to prevent such losses. In litigation challenging the denial of such claims, whether or not… Continue reading Summary Judgment May Be Appropriate When Insured Fails to Take Reasonable Measures to Prevent Property Damage
No Coverage for Faulty Workmanship Where Underlying Claim is Strictly Breach of Contract
Tred R. Eyerly | Insurance Law Hawaii | June 22, 2016 Considering certified questions from the federal district court, the Arkansas Supreme Court followed a prior decision in deciding there was no coverage for property loss caused by faulty workmanship based solely on breach of contract. Columbia Ins. Group, Inc. v. Cenark Project Mgt. Services, Inc.,… Continue reading No Coverage for Faulty Workmanship Where Underlying Claim is Strictly Breach of Contract
Second Circuit Holds Ambiguity of Phrase “Caused Only By” Permits Coverage Where Uncovered Perils Contribute to Property Damage
Darren S. Teshima, Harry J. Moren and Alison K. Roffi | March 23, 2016 Imprecise usage of the word “only” in policy language may create ambiguities favorable to policyholders. The Second Circuit recently agreed with policyholders that their homeowners’ policy, which insured for property damage involving the collapse of a part of a building “caused… Continue reading Second Circuit Holds Ambiguity of Phrase “Caused Only By” Permits Coverage Where Uncovered Perils Contribute to Property Damage