Tred R. Eyerly | Insurance Law Hawaii The Eleventh Circuit vacated the district court’s grant of summary judgment to the insurer finding there was no duty to defend. Southern-Owners Ins. Co. v. Mac Contractors of Florida, LLC, 2020 U.S. App. LEXIS 23918 (11th Cir. July 29, 2020). Mac Contractors entered into a… Continue reading Eleventh Circuit Vacates District Court Decision Finding No Duty to Defend Faulty Workmanship Claims
Category: Faulty Workmanship
South Carolina Federal Court Finds No Coverage for Faulty Workmanship Damages Discovered Years After Occurrence-Based Policy Expiration
Roben West | PropertyCasualtyFocus Potential Six-Year Delay in Notice of Flood and Mold Damage “Substantially Prejudiced” Insurer In Atain Specialty Insurance Company v. Carolina Professional Builders, LLC et al., 2:18-cv-2352-BHH (D.S.C. Oct. 2, 2020), a federal judge in South Carolina granted summary judgment to an insurer after finding that the record clearly supported that although flood… Continue reading South Carolina Federal Court Finds No Coverage for Faulty Workmanship Damages Discovered Years After Occurrence-Based Policy Expiration
Michigan Supreme Court Finds Faulty Subcontractor Work That Damages Insured’s Work Product May Constitute an “Occurrence” Under CGL Policy
Jason Taylor | Traub Lieberman Straus & Shrewsberry In Skanska USA Bldg. Inc. v. M.A.P. Mech. Contractors, Inc., 2020 WL 3527909 (Mich. June 29, 2020), the Michigan Supreme Court addressed whether unintentionally faulty subcontractor work that damages an insured’s work product constitutes an “accident” under a commercial general liability insurance policy. In aligning itself with a growing… Continue reading Michigan Supreme Court Finds Faulty Subcontractor Work That Damages Insured’s Work Product May Constitute an “Occurrence” Under CGL Policy
Coverage for Faulty Workmanship Denied
Tred R. Eyerly | Insurance Law Hawaii The court found that the insurer had no duty to defend claims against the insured for faulty workmanship. HT Services, LLC v. Western Heritage Ins. Co., 2020 U.S. Dist. LEXIS 123664 (D. Colo. July 10, 2020). Western Heritage Insurance Company issued three concurrent general liability… Continue reading Coverage for Faulty Workmanship Denied
No Coverage for Counterclaim Arising from Insured’s Faulty Workmanship
Tred R. Eyerly | Insurance Law Hawaii The Eighth Circuit found there was no coverage for the insured’s faulty workmanship. Am. Family Mut. Ins. Co., S.I. v. Mid-American Grain Distributors, LLC, 958 F.3d 748 (8th Cir. 2020). Mid-American contracted with Lehenbauer to design and construct a grain storage and distribution facility for… Continue reading No Coverage for Counterclaim Arising from Insured’s Faulty Workmanship