James K. “Keith” Ramsey and Monte S. Starr – April 29, 2013 Law Permits Businesses Providing Professional Services to Limit the Liability of Individual Employees or Agents A new law will soon go into effect in Florida that will impact anyone doing business with design professionals in that state. Ever since Moransais v. Heathman, 744… Continue reading Newly Enacted Legislation Rewrites Florida’s Rules On Individual Design Professional Liability
Category: General Liability Policy
Defects in an Insured’s Own Work are “Unmistakably Included” in the Definition of “Occurrence” in CGL Policy, Rules Second Circuit.
Laura R. Thomson – April 22, 2013 The Second Circuit’s recent decision in Scottsdale Insurance Company v. R.I. Pools, Inc., Case No. 11-3529, 2013 WL 1150217 (2d Cir. March 21, 2013) should be welcome news for Connecticut contractors insured under CGL policies with Broad Form Property Damage Coverage, seeking coverage for losses to their work… Continue reading Defects in an Insured’s Own Work are “Unmistakably Included” in the Definition of “Occurrence” in CGL Policy, Rules Second Circuit.
Sixth Circuit Holds That Insurer Is Required to Defend Contractor in Claim by Customer, as “Your Work” Exclusion in CGL Policy Is Inapplicable
Peter Georgiton – April 25, 2013 In Forrest Construction, Inc. v. The Cincinnati Insurance Co., No. 11-6262, 2013 U.S. App. LEXIS 722 (6th Cir.), the United States Court of Appeals for the Sixth Circuit held that an insurer breached its policy with an insured contractor when it declined to defend the contractor from a counterclaim… Continue reading Sixth Circuit Holds That Insurer Is Required to Defend Contractor in Claim by Customer, as “Your Work” Exclusion in CGL Policy Is Inapplicable
Ohio Supreme Court Rules That Claims Of Defective Workmanship Against A Builder Do Not Constitute An Occurrence Under A CGL Policy
Jacob C. Cohn, Joseph A. Arnold and Scott B. Galla – October 23, 2012 On October 12, 2012, the Ohio Supreme resolved a long simmering conflict among Ohio’s intermediate appellate courts by answering the following certified question: Are claims of defective construction/ workmanship brought by a property owner claims for “property damage” caused by an… Continue reading Ohio Supreme Court Rules That Claims Of Defective Workmanship Against A Builder Do Not Constitute An Occurrence Under A CGL Policy
Based on “Other Insurance” Clause, D&O Insurer has no Duty to Defend Suit Covered by General Liability Policy
Wiley Rein LLP – September 11, 2012 The U.S. District Court for the Southern District of New York has held that a directors and officers liability (D&O) insurer had no duty to defend an underlying lawsuit—and thus no duty to share in defense costs with a general liability insurer—where the D&O policy at issue contained… Continue reading Based on “Other Insurance” Clause, D&O Insurer has no Duty to Defend Suit Covered by General Liability Policy