Michael S. Levine and Kevin V. Small | Hunton Andrews Kurth The Illinois Supreme Court’s recent decision in Sanders v. Illinois Union Insurance Co., 2019 IL 124565 (2019), announced the standard for triggering general liability coverage for malicious prosecution claims under Illinois law. In its decision, the court construed what appears to be a policy ambiguity… Continue reading New Illinois Supreme Court Trigger Rule for CGL Personal Injury “Offenses” Could Have Costly Consequences for Policyholders
Month: March 2020
No Duty to Defend If No Fortuity and No Occurrence
Larry P. Schiffer | Insurance and Reinsurance Disputes Blog So after just blogging about how tough it is to avoid the duty to defend, the Seventh Circuit issues an opinion concluding that where the underlying allegations lack fortuity and there is no occurrence, there is no obligation for the insurance company to defend. In Lexington Insurance… Continue reading No Duty to Defend If No Fortuity and No Occurrence
Supplying Wrong Construction Materials Resulting in Rip-and-Tear Damage Not an “Occurrence,” 7th Circuit Holds
Timothy Carroll and Anthony Miscioscia | White and Williams The construction contract calls for International Building Code-compliant lumber. The insured doesn’t supply that. What the insured does supply gets installed but then ripped out and replaced, causing damage to the surrounding property into which the lumber was integrated. Such circumstances — not uncommon in the… Continue reading Supplying Wrong Construction Materials Resulting in Rip-and-Tear Damage Not an “Occurrence,” 7th Circuit Holds
An Unfounded Lien: What’s an Owner to Do? And Can it Recover its Attorneys’ Fees?
Virginia Trunkes | Construction Law Zone A subcontractor has liened the property even though the owner has paid in full for its work. The general contractor has disappeared. What should an owner do next? And will its attorneys’ fees be recoverable? In New York, a mechanic’s lien, although filed in the county clerk’s office on… Continue reading An Unfounded Lien: What’s an Owner to Do? And Can it Recover its Attorneys’ Fees?
Lump Sum or Cost-Plus Contract: You Can’t Have It Both Ways
Matthew DeVries | Best Practices Construction Law As a single dad of a handful of kids, my evenings and weekends are always a joyful ride. Just last weekend, I had a mini trial with one of my Littles who, get this, wanted to spend the night at a friend’s house, but also wanted to go… Continue reading Lump Sum or Cost-Plus Contract: You Can’t Have It Both Ways