Tred R. Eyerly | Insurance Law Hawaii A recommended decision from the Magistrate Judge of the Federal District Court for the District of Colorado found there was no coverage for the subcontractor’s faulty workmanship, but recognized that Colorado finds consequential damages to be property damage. Indian Harbor Ins. Co. v. Houston Cas. Co.,… Continue reading Colorado Federal Court Confirms Consequetial Property Damage, But Finds No Coverage for Subcontractor
Category: Faulty Workmanship
Fifth Circuit Requires Causal Distinction for Ensuing Loss Exception to Faulty Work Exclusion
Avery J. Cantor and William S. Bennett | SDV Insights In Balfour Beatty v. Liberty Mutual Ins. Co., the 5th Circuit Court of Appeals provided valuable insight on coverage available through ensuing loss exceptions to faulty work and design exclusions in builder’s risk insurance policies. In Balfour Beatty, the Court held that, in order to establish coverage through… Continue reading Fifth Circuit Requires Causal Distinction for Ensuing Loss Exception to Faulty Work Exclusion
U.S. District Court of Colorado Interprets Insurance Policy’s Faulty Workmanship Exclusion and Exception for Ensuing Damage
Carin Ramirez | Colorado Construction Litigation Recently, the United States District Court for the District of Colorado interpreted a faulty workmanship exclusion in a property insurance policy in The Lodge at Mountain Village Owner Association v. Eighteen Certain Underwriters of Lloyd’s of London, 22 U.S Dist. Ct LEXIS 48883*, decided on March 18, 2022. The Court held… Continue reading U.S. District Court of Colorado Interprets Insurance Policy’s Faulty Workmanship Exclusion and Exception for Ensuing Damage
Faulty Workmanship Claims Amount to Multiple Occurrences
Tred R. Eyerly | Insurance Law Hawaii In a recommended decision, the magistrate found that claims of faulty workmanship against the insured constituted multiple occurrences. Millsap Waterproofing, Inc. v. United States Fire Ins. Co., 2022 U.S. Dist. LEXIS 90112 (S.D. Tex. May 19, 2022). Maravilla Condominiums in Galveston, Texas was damaged by… Continue reading Faulty Workmanship Claims Amount to Multiple Occurrences
Fifth Circuit Requires Causal Distinction for Ensuing Loss Exception to Faulty Work Exclusion
Avery J. Cantor and William S. Bennett | Saxe Doernberger & Vita In Balfour Beatty v. Liberty Mutual Ins. Co., the 5th Circuit Court of Appeals provided valuable insight on coverage available through ensuing loss exceptions to faulty work and design exclusions in builder’s risk insurance policies. In Balfour Beatty, the Court held that, in order to establish… Continue reading Fifth Circuit Requires Causal Distinction for Ensuing Loss Exception to Faulty Work Exclusion