Lucas M. Blower | Brouse McDowell | September 17, 2017 In general, a pollution exclusion precludes coverage for liabilities arising from the “discharge, dispersal, release or escape” of “irritants, contaminants or pollutants.” The exclusion was incorporated in commercial general liability (CGL) insurance policies in response to the massive environmental liabilities incurred by companies in the… Continue reading It’s Tradition! Pollution Exclusion Applies Only to Traditional Environmental Contamination: New Cases from Washington and Connecticut
Month: September 2017
Coverage for Construction Defects Caused by Subcontractor Work
Amanda M. Leffler | Brouse McDowell | September 12, 2017 The Ohio Supreme Court has held that claims for the cost to repair an insured’s own defective work are not covered because they “are not claims for ‘property damage’ caused by an ‘occurrence’ under a [CGL] policy.” See Westfield Ins. Co. v. Custom Agri Sys., Inc.,… Continue reading Coverage for Construction Defects Caused by Subcontractor Work
California Supreme Court Affirms California Fair Plan Ass’n v. Garnes, and Preserves Homeowners’ Interests
Stephanie Poll | Property Insurance Coverage Law Blog | August 17, 2017 The California Department of Insurance recently issued a press release announcing that the California Supreme Court affirmed the homeowner reimbursement protections recently decided in California Fair Plan Association v. Garnes.1 Back in June, my colleague Kevin Pollack wrote about the recent decision and whether actual cash value means fair… Continue reading California Supreme Court Affirms California Fair Plan Ass’n v. Garnes, and Preserves Homeowners’ Interests
Fourth Circuit Finds No Bad Faith for Delay in Investigating Construction Defect Claim
James W. Bryan | Nexsen Pruet | September 12, 2017 Construction defect claims often include coverage disputes spiced with allegations of bad faith designed to turn up the heat on the insurer. The Fourth Circuit, in its review of one such recent North Carolina case, held while the insured prevailed on its contract claim, there… Continue reading Fourth Circuit Finds No Bad Faith for Delay in Investigating Construction Defect Claim
Colorado Statutory Bad Faith: Doubling Down On An Insurer’s Unreasonable Delay Or Denial
Jonathan Bukowski | Property Insurance Coverage Law Blog | August 19, 2017 In August 2008, Colorado created a statutory bad faith claim of action for first-party policyholders not only separate and distinct from a claim for common law bad faith breach of an insurance contract, but establishes a much more reasonable threshold to prevail against… Continue reading Colorado Statutory Bad Faith: Doubling Down On An Insurer’s Unreasonable Delay Or Denial