E. Samuel Crecelius III | Cokinos For a construction contractor, receiving notice of a claim for damages associated with the contractor’s work can be a daunting prospect. Particularly if the contractor’s first notice of the claim is a lawsuit naming the contractor as a defendant. Fortunately, most contractors do (and all contractors should) maintain commercial general… Continue reading Which Policy Covers That? Timing Considerations When Placing CGL Carriers On Notice Of A Construction Defect Claim
Category: General Liability Policy
Court Addresses Whether Rainwater Accumulation on Roof Constituted “Surface Water”
Joshua Tumen | Property Insurance Law Observer In Zurich American Insurance Company v. Medical Properties Trust, Inc., 2024 WL 3504060 (Mass. Jul. 23, 2024), the Supreme Judicial Court of Massachusetts held that the term “surface waters,” as used in a limitation contained in commercial property insurance policies, was ambiguous in the context of rainwater accumulating on… Continue reading Court Addresses Whether Rainwater Accumulation on Roof Constituted “Surface Water”
To Pay or Not to Pay “Rip and Tear” Damages
Martin Shaw and Kenneth Stallard | Carr Maloney Should a contractor’s Commercial General Liability (CGL) insurance policy cover the expense of uncovering defective work causing damage to the owner’s property as well as the costs of exposing or accessing damaged building elements in need of repair as a result of the contractor’s defective work? For… Continue reading To Pay or Not to Pay “Rip and Tear” Damages
Water Alone is Not Property Damage under a CGL policy in Connecticut
Bill Wilson | Construction Law Zone The Connecticut Appellate Court recently provided guidance on what does not constitute property damage under a typical contractor’s Commercial General Liability (CGL) insurance policy in Westchester Modular Homes of Fairfield County, Inc. v. Arbella Protection Ins. Co., 224 Conn App. 526 (2024). In this case, the contractor defended construction defect… Continue reading Water Alone is Not Property Damage under a CGL policy in Connecticut
Scheduling, Compliance, and Liaison Tasks under the Professional Services Exclusion
Kathy Maus and Samantha Wuschke | Butler Weihmuller Katz Craig Although a construction manager’s scheduling and liaison responsibilities do not require specialized training, such tasks may be sufficiently related to the actor’s other roles to be excluded from coverage under a liability policy’s Professional Services exclusion, the U.S. Eleventh Circuit Court of Appeals has held.… Continue reading Scheduling, Compliance, and Liaison Tasks under the Professional Services Exclusion