Michael Roth and Lauren Stewart | Sheppard Mullin Richter & Hampton Listen to this post Illinois may have just opened a new door for developers and owners for insurance coverage when it comes to defective construction work and commercial general liability (“CGL”) coverage. Based on the recent Illinois Supreme Court ruling in Acuity v. M/I Homes… Continue reading A Potential Big Win for Real Estate Developers in Illinois: CGL Coverage for Property Damage from Defective Work
Month: March 2024
Lesser-Known Insurance Policies for Addressing Project Risks
Sean C. Gay | Stoel Rives Construction projects involve significant risks to project owners, designers, and contractors. Many such risks are allocated in the parties’ contracts, which in turn require those parties to obtain insurance—further allocating risks to insurance companies. By providing coverage for losses and collecting premiums, insurers help those parties protect against financial… Continue reading Lesser-Known Insurance Policies for Addressing Project Risks
Court Says Builder’s Risk Policy Limited Coverage for Additional Insureds
Joshua Tumen | Property Insurance Law Observer In BCC Partners, LLC v. Travelers Prop. Cas. Co. of America, 2024 WL 1050117 (E.D. Mo. March 11, 2024), the Court determined that the plaintiff property owner, as an additional insured, was not entitled to the same insurance coverage as the named insured where the builder’s risk policy limited… Continue reading Court Says Builder’s Risk Policy Limited Coverage for Additional Insureds
California Court Sends Solar Contractor’s Bond Claims to Arbitration
John Mark Goodman | BuildSmart A California federal court ruled last week that a surety can enforce an arbitration clause in a contract to which it is not a party. The dispute involves performance and payment bond claims brought by solar contractor Swinerton Builders, Inc. Swinerton brought the claims in California federal court against Argonaut… Continue reading California Court Sends Solar Contractor’s Bond Claims to Arbitration
Breach of Contract Exclusion Bars Coverage for Construction Defect Claim
Tred R. Eyerly | Insurance Law Hawaii The court determined the policy’s breach of contract exclusion precluded coverage for a claim against the general contractor insured for construction defects. Mt. Hawley Ins. Co. v. McAtamncy, 2024 U.S. Dist. LEXIS 497 (N. D. Cal. Jan. 2, 2024). McAtamney, a general contractor dong business… Continue reading Breach of Contract Exclusion Bars Coverage for Construction Defect Claim