Advise & Consult, Inc. | September 9, 2015 Construction defect notices under Chapter 558 of the Florida “notice and repair’ statute, “does not constitute a ‘civil proceeding’” and thus “is not a ‘suit’” triggering an insurer’s duty to defend as ruled on in Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., No. 13–80831–CIV, 2015… Continue reading Construction Defect Notice Under Right to Repair Statute
Category: Duty to Defend
California Guidance on Complex Duty to Defend Disputes over Additional Insured Status
Max H. Stern | Duane Morris LLP | January 28, 2015 In McMillin Companies, LLC v. American Safety Indemnity Co. (4th Dist. Div. 1, No. D063586, January 22, 2015 (published in relevant part)), the California Court of Appeal for the Fourth District has provided some meaningful guidance on how a trial court should handle issues that regularly… Continue reading California Guidance on Complex Duty to Defend Disputes over Additional Insured Status
Insurer Has Duty to Defend Additional Insured in Construction Defect Case
Tred Eyerly | Insurance Law Hawaii | December 29, 2015 The court denied the insurer’s motion for summary judgment, holding that the insurer had a duty to defend the additional insured against claims for construction defects. Centex Homes v. Lexington Ins. Co., 2014 U.S. Dist. LEXIS 164472 (C.D. Cal. Nov. 24, 2014). Centex contracted with Gateway… Continue reading Insurer Has Duty to Defend Additional Insured in Construction Defect Case
Washington Court of Appeals Holds No Duty to Defend: An Invitation to Initiate Cleanup Is Not A Suit
Allegations in Third-Party Complaint May Trigger Duty to Defend
via Allegations in Third-Party Complaint May Trigger Duty to Defend | Sedgwick LLP – JDSupra.