Eric Hermanson and Austin Moody | White and Williams After almost two years’ deliberation, the First Circuit last week issued its long-awaited decision in Admiral Ins. Co. v. Tocci Bldg. Corp.[1]: affirming on other grounds, and leaving in place a district court decision that found subcontracted faulty work was not an “occurrence” and did not lead… Continue reading First Circuit Finds No Coverage For Subcontracted Faulty Work
Category: Faulty Workmanship
Insurer’s Motion for Summary Judgment on Faulty Workmanship Denied
Tred R. Eyerly | Insurance Law Hawaii The court found that the insurer failed to meet its burden on summary judgment seeking a judgment that faulty workmanship precluded coverge. Auto-Owners Ins., Co. v. AAA Discount Homes, LLC, 2024 U.S. Dist. LEXIS 48463 (S.D. Ga. March 19, 2024). Heather Way sued AAA Discount… Continue reading Insurer’s Motion for Summary Judgment on Faulty Workmanship Denied
Faulty Workmanship Coverage Update
Amy L. Diviney | Plunket Cooney Faulty Workmanship – Washington Gardens Condominium v. Farmers Ins. Exch. No. 101892-4, — P.3d —, 2024 WL 1100749 (Wash. Mar. 14, 2024) The Washington Supreme Court affirmed the Washington Court of Appeals ruling that coverage for repairs to the Gardens Condominium’s (Gardens) roof components was available under the resulting loss… Continue reading Faulty Workmanship Coverage Update
Contractors, Beware: General Liability Insurers Wrongfully Denying Claims for Damage Caused by Defective Subcontractor Work
Eric Eisenberg and Robert Ferguson, Jr. | Hinckley Allen As a contractor, you are familiar with working together with subcontractors — delegating project scope as part of the overall job. However, when a subcontractor’s work is defective, who is liable for the damage? This is not an unfamiliar issue to contractors — more than likely,… Continue reading Contractors, Beware: General Liability Insurers Wrongfully Denying Claims for Damage Caused by Defective Subcontractor 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