Tred R. Eyerly | Insurance Law Hawaii The Third Circuit vacated and remanded to the district court the judgment in favor of the insurer on a construction defect claim. Odedeyi v. AmTrust Financial Services Inc., 2024 U.S. App. LEXIS 24729 (3d Cir. Oct. 1, 2024). Mr. Odedeyi hired a contractor, who was… Continue reading Third Circuit Vacates Judgment for Insurer on Alleged Construction Defect Claim
Category: Construction Defects
Understanding Insurance Disputes in Construction Defect Litigation: A Review of Acuity v. Kinsale
David McLain | Higgins, Hopkins, McLain & Roswell Construction projects are inherently complex, and insurance coverage plays a crucial role in managing risks, especially when unforeseen issues arise. The case of Acuity v. Kinsale demonstrates the tangled web of insurance obligations, especially when multiple insurers provide coverage for a single event. This case, involving Monarch Stucco, Inc.,… Continue reading Understanding Insurance Disputes in Construction Defect Litigation: A Review of Acuity v. Kinsale
Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability Policies
Bill Wilson | Construction Law Zone In a case of first impression in Massachusetts, Lessard v. R.C. Havens & Sons, Inc., 104 Mass. App. Ct. 572 (2024), the Appellate Court confirmed that construction defects, without more, do not constitute property damage within the meaning of a commercial general liability policy (CGL). In Lessard, the homeowners filed suit against… Continue reading Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability Policies
US Appeals Court Upholds No CGL Coverage for General Contractor for Subcontractor’s Defective Work
John Hugo, Kelly Martin Malone and Michael Robertson | MG+M The Law Firm On November 8, 2024, the US Court of Appeals for the First Circuit (the Court) issued a decision in the matter of Admiral Insurance Company, et al. v. Tocci Building Corporation, et al., No. 22-1462 (1st Cir. 2024). The appeal concerned a dispute… Continue reading US Appeals Court Upholds No CGL Coverage for General Contractor for Subcontractor’s Defective Work
Arizona Court Affirms Homeowners’ Association’s Right to Sue Over Construction Defects
Melissa Kenney | The Subrogation Strategist In Gallery Community Association v. K. Hovnanian at Gallery LLC, No. 1 CA-CV 23-0375, 2024 Ariz. App. Unpub. LEXIS 696 (Ct. App.), the Court of Appeals of Arizona (Court of Appeals) discussed whether a homeowners’ association can file an action for breach of the implied warranty of workmanship and habitability arising from… Continue reading Arizona Court Affirms Homeowners’ Association’s Right to Sue Over Construction Defects