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
Tag: property damage
Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage
Masaki J. Yamada | Ahlers & Cressman PLLC | December 22, 2016 Washington Courts allow an insurer to determine its duty to defend an insured against a lawsuit based only on the face of the complaint and the limitations of the insurance policy. This is otherwise known as the “eight corners” rule (four corners of… Continue reading Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage
No CGL Coverage for Building Contractor’s Shoddy Workmanship Causing Damage to the Work Itself
Richard Wolf | Claims Journal | December 6, 2016 In a decision filed November 18, 2016, Arkansas U. S. district judge Susan Webber Wright, the same jurist who in 1998 handed a defeat to Paula Jones in her sexual harassment lawsuit against then President Bill Clinton, dealt this time with a more tame but still… Continue reading No CGL Coverage for Building Contractor’s Shoddy Workmanship Causing Damage to the Work Itself
Pre-Litigation Requirements For Condo Associations
C. Todd Hewes | Lewis Brisbois Bisgaard & Smith LLP | November 21, 2016 When general contractors, subcontractors, and design professionals face claims or lawsuits arising from original construction or remediation of condominium projects, one of the most important—and also sometimes one of the most difficult tasks—has always been to catalog, usually by unit number,… Continue reading Pre-Litigation Requirements For Condo Associations
Oregon Federal Court Endorses Broad Definition of “Property Damage”
David Delmar | The Policyholder Report | July 28, 2016 In a recent case, Oregon Shakespeare Festival Ass’n v. Great American Ins. Co., the federal District Court for the District of Oregon adopted a liberal interpretation of “property damage.” The Oregon Shakespeare Festival Association (OSF) suffered a loss during its season: nearby wildfires caused smoke… Continue reading Oregon Federal Court Endorses Broad Definition of “Property Damage”