Shantinique Brooks | Plunkett Cooney Construction Defects – Eleventh Circuit (Florida Law) Southern-Owners Ins. Co. v. MAC Contractors of Florida, LLCNo. 23-11366, 2024 WL 1573685 (11th Cir. Apr. 11, 2024) The U.S. Court of Appeals for the Eleventh Circuit determined that an insurer had a duty to defend its insured on the basis that, at… Continue reading Construction Defects Coverage Update
Category: Duty to Defend
No Duty to Defend Construction Defect Claims under Kentucky Law
Tred R. Eyerly | Insurance Law Hawaii The federal district court determined that the insurer was not obligated to defend construction defect claims under Kentucky law. Westfield Ins. Co. v. Kentuckiana Commercial Concrete, LLC, 2023 U.S. Dist. LEXIS 222674 (W.D. Ky. Dec. 14, 2023). HRB, the owner of an apartment complex, filed… Continue reading No Duty to Defend Construction Defect Claims under Kentucky Law
A Potential Big Win for Real Estate Developers in Illinois: CGL Coverage for Property Damage from Defective Work
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
Insurer Has Duty to Defend Faulty Workmanship Claim
Tred R. Eyerly | Insurance Law Hawaii The magistrate judge recommended a determination that the insurer owed a defense to the subcontractor sued for faulty workmanship. Hanover Lloyds Ins Co. v. Donegal Mut. Ins. Co., 2023 U.S. Dist. LEXIS 180877 (W.D. Texas Oct. 5, 2023). Poe Investments, Ltd. entered into an agreement… Continue reading Insurer Has Duty to Defend Faulty Workmanship Claim
Insurer’s Broad Duty to Defend in Oregon, and the Recent Ruling in State of Oregon v. Pacific Indemnity Company
Keith Sparks Ahlers Cressman & Sleight Oregon law mandates a broad duty to defend, requiring insurers to provide legal representation to their policyholders whenever there is a potential for coverage under the policy. The significance of this broad interpretation means that an insurer has a duty to defend an insured even in situations where the… Continue reading Insurer’s Broad Duty to Defend in Oregon, and the Recent Ruling in State of Oregon v. Pacific Indemnity Company