Tred R. Eyerly | Insurance Law Hawaii A recommended decision from the Magistrate Judge of the Federal District Court for the District of Colorado found there was no coverage for the subcontractor’s faulty workmanship, but recognized that Colorado finds consequential damages to be property damage. Indian Harbor Ins. Co. v. Houston Cas. Co.,… Continue reading Colorado Federal Court Confirms Consequetial Property Damage, But Finds No Coverage for Subcontractor
Tag: property damage
No Duty to Defend Under Homeowner’s Policy Where No Occurrence, No Property Damage
Tred R. Eyerly | Insurance Law Hawaii The federal district court for the district of Hawaii granted the insurer’s motion for summary judgment determining there was not duty to defend and no duty to indemnify the insured under a homeowner’s policy. Allstate Ins. Co. v. Rosfeld, 2022 U.S. Dist. LEXIS 139123 (D. Haw. Aug.… Continue reading No Duty to Defend Under Homeowner’s Policy Where No Occurrence, No Property Damage
Colorado Defective Construction is Not Considered “Property Damage”
SDV Insights In the July 5, 2022, case of Indian Harbor Ins. Co. v. Houston Casualty Co., the United States District Court for Colorado addressed the issue of whether damage to defectively installed balconies is considered “property damage” under Colorado law, requiring payment by a commercial general liability policy. Facts of the Case The case stems… Continue reading Colorado Defective Construction is Not Considered “Property Damage”
Colorado Defective Construction is Not Considered “Property Damage”
Saxe Doernberger & Vita In the July 5, 2022, case of Indian Harbor Ins. Co. v. Houston Casualty Co., the United States District Court for Colorado addressed the issue of whether damage to defectively installed balconies is considered “property damage” under Colorado law, requiring payment by a commercial general liability policy. Facts of the Case The… Continue reading Colorado Defective Construction is Not Considered “Property Damage”
Insurer Must Defend Faulty Workmanship Claims
Tred R. Eyerly | Insurance Law Hawaii The court determined that the insurer improperly denied a defense for construction defect claims made against the insured. Amerisure Mut. Ins. Co. v. McMillin Tex. Homes, 2022 U.S. Dist. LEIS 40363 (W.D. Texas March 8, 2022). McMillin was a developer, general contractor and home seller. It… Continue reading Insurer Must Defend Faulty Workmanship Claims