Tag: property damage

When Does an “Occurrence” Occur?

Jerome Sturhahn – May 1, 2013 Two federal courts in Denver recently addressed a fundamental question that exists in almost every construction defect case – when did the property damage that gives rise to liability, and the insurer’s obligation, occur?  The answer to the question of when the damage occurred helps determine which policy is… Continue reading When Does an “Occurrence” Occur?

Sixth Circuit Holds That Insurer Is Required to Defend Contractor in Claim by Customer, as “Your Work” Exclusion in CGL Policy Is Inapplicable

Peter Georgiton – April 25, 2013 In Forrest Construction, Inc. v. The Cincinnati Insurance Co., No. 11-6262, 2013 U.S. App. LEXIS 722 (6th Cir.), the United States Court of Appeals for the Sixth Circuit held that an insurer breached its policy with an insured contractor when it declined to defend the contractor from a counterclaim… Continue reading Sixth Circuit Holds That Insurer Is Required to Defend Contractor in Claim by Customer, as “Your Work” Exclusion in CGL Policy Is Inapplicable

Are Damages Caused By Blasting or Other Man-Made Earth Movement Covered Under Your Insurance Policy?

Larry Bache – April 18, 2013 Insurance policies often include an exclusionary provision dealing with damages caused by Earth Movement. But does the exclusionary provision include natural and man-made earth movement, or just natural earth movement? According to FC&S, it depends on jurisdiction.1 The majority view is damage caused by natural earth movement is excluded,… Continue reading Are Damages Caused By Blasting or Other Man-Made Earth Movement Covered Under Your Insurance Policy?

Federal Court Predicts Coverage In Utah for Damage Caused By Faulty Workmanship

Tred R. Eyerly – April 3, 2013 The federal district court predicted that the Utah Supreme Court would find that damage to property other than the insured’s work product is unexpected and arises from an occurrence. Cincinnati Ins. Co. v. AMSCO Windows, 2013 U.S. Dist. LEXIS 15999 (D. Utah Feb. 5, 2013). The insured, AMSCO Windows,… Continue reading Federal Court Predicts Coverage In Utah for Damage Caused By Faulty Workmanship