Tred R. Eyerly | Insurance law Hawaii After its prior decision holding there was no coverage for faulty workmanship was remanded by the Michigan Supreme Court, the Court of Appeals remanded to the trial court. Skanska United States Bldg. v. M.A.P. Mech. Contrs., 2021 Mich. App. LEXIS 7336 (Mich. Ct. App. Dec. 28,… Continue reading Michigan Court of Appeals Remands Construction Defect Case
Category: Faulty Workmanship
Court Of Appeals Clarifies That Expert Testimony Required in Nearly All Faulty Construction Cases
Joseph Davies | Smith Debnam Narron Drake Saintsing & Myers In a recent decision touching on many interesting issues, North Carolina’s Court of Appeals effectively determined that, in all but the most obvious cases, expert testimony is required to establish a failure to perform construction in a workmanlike fashion. Small Claims Court to Court of… Continue reading Court Of Appeals Clarifies That Expert Testimony Required in Nearly All Faulty Construction Cases
Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey To Specify Coverage For “Faulty Workmanship”
John S. Prisco | Stark & Stark Assemblyman Gary S. Schaer of New Jersey’s 36th District introduced a proposed bill, A.B. 1075, that would require all commercial liability insurance policies issued in New Jersey to include “faulty workmanship” within the definition of “occurrence.” The proposed bill “provides that a commercial liability insurance policy shall not be… Continue reading Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey To Specify Coverage For “Faulty Workmanship”
Eleventh Circuit Finds No Coverage for Faulty Workmanship Claims
Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit affirmed the district court’s grant of summary judgment to the insurer on the general contractor’s claims for damages due to faulty workmanship. Tricon Dev. of Brevard v. Nautilus Ins. Co., 2021 U.S. App. LEXIS 27317 (11th Cir. Sept .10, 2021). Tricon was… Continue reading Eleventh Circuit Finds No Coverage for Faulty Workmanship Claims
Contractor Entitled to Continued Defense Against Allegations of Faulty Construction
Tred R. Eyerly | Insurance Law Hawaii The U.S. District Court found that the contractor was entitled to a defense in the underlying state court action. Pa. Nat’l Mut. Cas. Ins. Co. v. Zonko Builders, 2021 U.S. Dist. LEXIS 168855 (D. Del. Sept. 7, 2021). Zonko was the general contractor for building… Continue reading Contractor Entitled to Continued Defense Against Allegations of Faulty Construction