Jeffrey Cavignac | Construction Executive Direct damage to property under construction caused by faulty or defective work or defective materials has been a coverage issue for decades. Two specific policies, the Commercial General Liability for the contractors building the structure and the Builders Risk Policy on the project both are sources of potential coverage. A… Continue reading CGL, Builders Risk Coverage and Exclusions When Construction Defects Cause Property Damage
Tag: property damage
Plaintiffs’ Bar Hits A Wall When It Comes to “Access” Damages
Jorge Cruz-Bustillo | Chartwell Law In Florida, for years, the plaintiffs’ bar has been filing first-party property law suits for ensuing water damages caused by the failure of cast-iron pipes. In those cases, in which there is no evidence of interior water damages, the plaintiffs’ bar has been claiming repair costs associated with “access” (i.e., tear… Continue reading Plaintiffs’ Bar Hits A Wall When It Comes to “Access” Damages
Coverage for Defective Work? Michigan Joins Majority
Alexander G. Thrasher and Heather Howell Wright | International Law Office Michigan has joined the majority of jurisdictions in holding that a general liability policy may provide coverage for claims for property damage allegedly caused by the defective work of a subcontractor. In a unanimous decision reversing the Michigan Court of Appeals, the Michigan Supreme… Continue reading Coverage for Defective Work? Michigan Joins Majority
Heads I win, Tails You Lose: Southern Owners Insurance Company v. MAC Contractors
Julius Parker | Butler Weihmuller Katz Craig On July 29, 2020, the Eleventh Circuit Court of Appeals issued its opinion in Southern Owners Ins. Co. v. MAC Contractors, of Fla., LLC, — Fed. Appx. —, 2020 WL 4345199 (11th Cir. July 29, 2020). While claiming to follow its own precedent, which narrowly interpreted the Florida Supreme Court’s decisions… Continue reading Heads I win, Tails You Lose: Southern Owners Insurance Company v. MAC Contractors
Alleging Property Damage in Construction Defect Lawsuit
David Adelstein | Florida Construction Legal Updates When there is a construction defect lawsuit, there is an insurance coverage issue or consideration. As I have said repeatedly in other articles, it is all about maximizing insurance coverage regardless of whether you are the plaintiff prosecuting the construction defect claim or the contractor(s) alleged to have committed the construction defect and… Continue reading Alleging Property Damage in Construction Defect Lawsuit