Kenneth Kan – September 25, 2013 Colorado has been in the news for recent massive flooding that has ravaged many communities in the beautiful state. By some estimates, over 20,000 homes have been damaged or destroyed. I have clients who live in one of the flood affected areas, but thankfully they are okay and their… Continue reading What Constitutes a Total Loss in Colorado?
Tag: property damage
Georgia Supreme Court Takes an Expansive View of what Constitutes an Occurrence under CGL Policies
Walter J. Andrews, Lon A. Berk, Lawrence J. Bracken II, John C. Eichman, Robert J. Morrow and Curtis Porterfield – August 7, 2013 On July 12, 2013, the Supreme Court of Georgia confirmed in Taylor Morrison Servs., Inc. v. HDI Gerling Am. Ins. Co., No. S13Q046 (Ga. July 12, 2013), that damage to a builder’s… Continue reading Georgia Supreme Court Takes an Expansive View of what Constitutes an Occurrence under CGL Policies
South Carolina Supreme Court holds that Exclusions Preclude Coverage for Damage Caused by Defective Work
John R. Casciano and Saad Gul – August 2, 2013 In Bennett & Bennett Construction, Inc. v. Auto Owners Insurance Company, No. 27284 _ S.E.2d. _ 2013 S.C. LEXIS 170 (S.C. July 17, 2013) the Supreme Court of South Carolina, applying South Carolina law, held that that two exclusions barred coverage for a construction company’s… Continue reading South Carolina Supreme Court holds that Exclusions Preclude Coverage for Damage Caused by Defective Work
No Need of Injury to Others’ Property to be an “Occurrence” Under a CGL Insurance Policy
Stephen Pudner – July 19, 2013 In an opinion last week that could have far reaching ramifications in the construction industry in the insurance coverage context, the Supreme Court of Georgia ruled that an “occurrence” under a standard Commercial General Liability (CGL) policy may be based on a breach of warranty claim and does not require… Continue reading No Need of Injury to Others’ Property to be an “Occurrence” Under a CGL Insurance Policy
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?