Ana Reis | Property Insurance Coverage Law Blog | October 28, 2016 Whether construction defects are occurrences under Commercial General Liability (“CGL”) insurance policies is an issue that has been highly litigated in recent years. A review of cases from various states discloses that courts have been divided both in the way they decide and… Continue reading Variations Among States Regarding Defective Workmanship as Occurrence
Month: October 2016
Retroactive Dates Punch Gaps into Insured’s Coverage
Dwain Clifford | The Policyholder Report | October 20, 2016 Most professional-liability policies are written on a “claims-made” basis, which provides coverage for lawsuits filed against the insured during the policy period — even for damages caused by some professional negligence that occurred long before the policy was issued (and, perhaps, for some mistake at… Continue reading Retroactive Dates Punch Gaps into Insured’s Coverage
A Subcontractor’s Defective Work Is an Occurrence: Weedo Wobbles … and Falls Down
Stephen S. Asay | Pillsbury Winthrop Shaw Pittman LLP | September 6, 2016 Since 1979, commercial general liability (CGL) insurers have relied on the New Jersey Supreme Court case of Weedo v. Stone-E-Brick, Inc. and its progeny to argue that a subcontractor’s defective work can never qualify as an “occurrence” under a standard form ISO… Continue reading A Subcontractor’s Defective Work Is an Occurrence: Weedo Wobbles … and Falls Down
Court Finds Plaintiff’s Attorney Fees Covered by Liability Policy
Kyle Sturm | The Policyholder Report | October 12, 2016 One of the most misunderstood provisions in a Commercial General Liability policy is the first sentence, which provides that the insurance company promises to provide coverage for damages “because of” bodily injury or property damage. Many people, including seasoned insurance professionals, believe CGL policies merely… Continue reading Court Finds Plaintiff’s Attorney Fees Covered by Liability Policy
Contractors Exposed to Copyright Liability Where Owner Breaches Agreement with Architect
Katherine E. Kohm | The Dispute Resolver | October 16, 2016 A federal court in the case Eberhard Architects, LLC v. Bogart Architecture, Inc. et al., 314 F.R.D. 567 (N.D.Ohio 2016) recently held that contractors and subcontractors cannot, as a matter of law, avoid liability if an owner uses an architect’s plans and drawings without a… Continue reading Contractors Exposed to Copyright Liability Where Owner Breaches Agreement with Architect