Darren S. Teshima, Harry J. Moren and Alison K. Roffi | March 23, 2016 Imprecise usage of the word “only” in policy language may create ambiguities favorable to policyholders. The Second Circuit recently agreed with policyholders that their homeowners’ policy, which insured for property damage involving the collapse of a part of a building “caused… Continue reading Second Circuit Holds Ambiguity of Phrase “Caused Only By” Permits Coverage Where Uncovered Perils Contribute to Property Damage
Month: March 2016
Getting to the Bottom of Construction-Related Defects
David P. Amori | Claims Management | January 2016 The forensic engineering assignment typically has a scope of work that begins with something to the effect of “determine the cause of the observed damage to the….” Often this includes an inspection and analysis to determine if the observed damage is related to a particular event.… Continue reading Getting to the Bottom of Construction-Related Defects
Insurance Insight – Texas Supreme Court Clarifies Extent of Coverage for Construction Defects under CGL Policies
Matthew T. Nickel, J. Stephen Berry and Keith Moskowitz | Dentons | March 24, 2016 In a matter of first impression, the United States Court of Appeals for the Fifth Circuit certified four questions to the Texas Supreme Court arising from an insured’s claims that its liability for a refinery owner’s replacement costs and downtime… Continue reading Insurance Insight – Texas Supreme Court Clarifies Extent of Coverage for Construction Defects under CGL Policies
Georgia Supreme Court Holds Pollution Exclusion Applicable to Lead Paint Injury
Traub Lieerman Straus & Shrewsberry LLP | March 22,2 016 In its recent decision in Georgia Farm Bureau Mut. Ins. Co. v. Smith, 2016 Ga. LEXIS 245 (Ga. Mar. 21, 2016), the Supreme Court of Georgia had occasion to consider whether under Georgia law, the pollution exclusion applies to a bodily injury claim arising out… Continue reading Georgia Supreme Court Holds Pollution Exclusion Applicable to Lead Paint Injury
Finding “Common Ground” in a Site Conditions Clause
Lisa Andrezejewski | Robinson & Cole | March 23, 2016 I recently attended an ABA conference in Newark, New Jersey in which the theme was “Finding Common Ground in Drafting and Negotiating Design Clauses” in construction contracts. One of the speakers presented a segment regarding differing site conditions in which he articulated the major risks… Continue reading Finding “Common Ground” in a Site Conditions Clause