Clifford J. Shapiro | National Law Review Whether property damage caused by defective construction work constitutes an accidental “occurrence” under the standard form Commercial General Liability (CGL) insurance policy is now highly dependent on which state’s law applies. Determining which state’s law applies to a particular construction defect claim is therefore critical and often outcome… Continue reading Inadvertent Construction Defects Are an ‘Occurrence’ Under the CGL Insurance Policy
Month: April 2020
COVID-19 Is Not Direct Physical Loss Or Damage
Joseph Blyskal, Dennis Brown and Michelle Bernard | Insurance Coverage Law Blog Is a cash register that is not being used damaged property? When you need to wash a table, a chair, or a section of flooring with readily available cleaning products to make them safe and useable, are you repairing damaged property? Is a… Continue reading COVID-19 Is Not Direct Physical Loss Or Damage
No-Damages-for-Delay Clauses and the COVID-19 Crisis
Scott Paton | Hodgson Russ Although “construction” was originally deemed by Governor Cuomo to be “essential”, and thus exempt from the restrictions imposed by his March 18, 2020 Executive Order, that has since changed. Through subsequent Executive Orders, as interpreted by various State agencies, the reach of COVID-19 has extended deeply into the construction industry… Continue reading No-Damages-for-Delay Clauses and the COVID-19 Crisis
How to Keep the Government from Shutting Down Your Jobsite During Coronavirus: Know the Rules and Follow Them
Andrew Schwartz and Timothy Woodward | Shutts In response to the novel coronavirus, on April 1, 2020, Governor DeSantis issued Executive Order 2020-91 (since amended by Executive Order 2020-92), which shut down all “non-essential” business activity in Florida from April 3 through April 30. Per the Governor’s order, work may continue on “open construction sites” as an… Continue reading How to Keep the Government from Shutting Down Your Jobsite During Coronavirus: Know the Rules and Follow Them
Why Leaders Need to Resist Rewriting Insurance Contract Language
Gregory V. Serio | Insurance Journal Soon after the attacks on the World Trade Center and other locations on the morning of September 11th, President Bush declared that the atrocities were “an act of war.” That statement prompted a call to me from a friend and influential member of Congress from Buffalo, John LaFalce, during… Continue reading Why Leaders Need to Resist Rewriting Insurance Contract Language