John J. Kozak, Esq. | Florida Construction Law News | April 24, 2018 Commercial General Liability (CGL) policies typically include a “your work” exclusion, excluding coverage for “’property damage’ to ‘your work’ arising out of it or any part of it and included in the ‘products-completed operations hazard.’” These CGL policies define “your work,” in… Continue reading The Importance of the Subcontractor Exception to the “Your Work” Exclusion
Month: May 2018
The Tenth Circuit’s Prediction: New York State Likely to Follow Trend Recognizing Damages Caused by Subcontractor’s Faulty Work is a Covered “Occurrence”
By Frederic J. Giordano and Stephanie S. Gomez | K&L Gates | May 17, 2018 The United States Court of Appeals, Tenth Circuit recently issued a favorable decision for policyholders finding property damage arising from a subcontractor’s faulty work arose from an accidental “occurrence” under New York law. In Black & Veatch Corp. v. Aspen Ins. (UK)… Continue reading The Tenth Circuit’s Prediction: New York State Likely to Follow Trend Recognizing Damages Caused by Subcontractor’s Faulty Work is a Covered “Occurrence”
To Plea or Not to Plea? Insurer’s Denial of Coverage for Residential Fire Loss Upheld
Francisco Garcia | Property Insurance Coverage Law Blog | May 18, 2018 I recently came across an interesting opinion, Fuller v. Mercury Insurance Company of Georgia,1 where the Eleventh Circuit Court of Appeals discussed the effect of a guilty plea on a policyholder’s civil action against their insurance carrier. The opinion stemmed from a residential fire loss… Continue reading To Plea or Not to Plea? Insurer’s Denial of Coverage for Residential Fire Loss Upheld
Keep It Simple Stupid: Remembering The Basics In A Construction Defect Indemnity Case To Minimize Surprises Down The Road
John Gregory and Michael Ludwig | Jones, Skelton & Hochuli PLC | May 17, 2018 There is an old saying: familiarity breeds contempt. Admittedly, residential construction defect cases can be repetitive. They usually involve the same Plaintiffs’ attorneys, the same alleged defects, and resolve in the same fashion for the same per-home amount. As a… Continue reading Keep It Simple Stupid: Remembering The Basics In A Construction Defect Indemnity Case To Minimize Surprises Down The Road
Choosing a Damages Methodology for Certain Construction Claims
Daniel B. Swaja | International Law Office | May 21, 2018 In any construction dispute resolution process, not only does a claimant have to prove liability of the other party, but the claimant must also prove damages to prevail on its claim. The proof of damages element to prevailing on a claim is often overlooked… Continue reading Choosing a Damages Methodology for Certain Construction Claims