Christopher Sweeney | Conn Kavanaugh First Circuit Court of Appeals Rules That Standard Commercial General Liability Policy Excludes Coverage for Downstream Property Damage When General Contractor’s Scope of Work Covers Entire Building It is well-accepted that standard commercial general liability policies exclude coverage for construction contractors’ own defective work. That is, for example, a roofer… Continue reading First Circuit Rules On Important Coverage Issue For Contractors
Category: General Liability Policy
Your Excess Policy May Not “Follow Form” to Your Primary Policy’s Aggregate Limits: How to Avoid a Multi-Million Dollar Mistake
Kyle A. Bechet and Richard W. Brown | Saxe Doernberger & Vita Commercial general liability (“CGL”) policies providing limits on a “per-project” basis have become standard in the construction industry. General contractors and other upstream parties on large construction projects, as a rule, require downstream subcontractors to maintain CGL coverage with limits provided on a… Continue reading Your Excess Policy May Not “Follow Form” to Your Primary Policy’s Aggregate Limits: How to Avoid a Multi-Million Dollar Mistake
Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability Policies
Bill Wilson | Construction Law Zone In a case of first impression in Massachusetts, Lessard v. R.C. Havens & Sons, Inc., 104 Mass. App. Ct. 572 (2024), the Appellate Court confirmed that construction defects, without more, do not constitute property damage within the meaning of a commercial general liability policy (CGL). In Lessard, the homeowners filed suit against… Continue reading Massachusetts Appellate Court Confirms Construction Defects are Not Covered Under Commercial General Liability Policies
US Appeals Court Upholds No CGL Coverage for General Contractor for Subcontractor’s Defective Work
John Hugo, Kelly Martin Malone and Michael Robertson | MG+M The Law Firm On November 8, 2024, the US Court of Appeals for the First Circuit (the Court) issued a decision in the matter of Admiral Insurance Company, et al. v. Tocci Building Corporation, et al., No. 22-1462 (1st Cir. 2024). The appeal concerned a dispute… Continue reading US Appeals Court Upholds No CGL Coverage for General Contractor for Subcontractor’s Defective Work
Professional Services Exclusion in GL Policy Issued to Property Inspector Barred Claims for Injuries Resulting from Inspector’s Failure to Replace Floor Panel
David Fagnilli | Marshall Dennehey The plaintiff was a real estate agent who was injured when she fell through an open inspection panel in the floor of a bathroom at a house that she had listed. She sued the property inspector who had been there before her, alleging that he had opened the floor to… Continue reading Professional Services Exclusion in GL Policy Issued to Property Inspector Barred Claims for Injuries Resulting from Inspector’s Failure to Replace Floor Panel