Brandon Clark and Megan Warshawsky | Saul Ewing On November 30, 2023, the Illinois Supreme Court issued a decision in the case of Acuity v. M/I Homes of Chicago, LLC, et al., 2023 IL 129087 with significant implications for insurance coverage of construction defects under commercial general liability (CGL) policies. The Acuity decision stems from a fairly mundane… Continue reading Illinois Supreme Court Indicates Potential Path for Insurance Coverage for Construction Defects Under CGL Policies
Category: General Liability Policy
Major Ruling: Illinois Supreme Court Provides Clarity and Changes Precedent on CGL Coverage for Defective Work (Positively Affecting Real Estate Developers and Community Associations)
Howard Dakoff and Suzanne Karbarz Rovner | Levenfeld Pearlstein The Illinois Supreme Court recently upended decades of Illinois caselaw regarding coverage under commercial general liability (CGL) policies, aligning Illinois with most states on the issue. On November 30, 2023, the Illinois Supreme Court unanimously held in Acuity v. M/I Homes of Chicago, LLC that the “your work”… Continue reading Major Ruling: Illinois Supreme Court Provides Clarity and Changes Precedent on CGL Coverage for Defective Work (Positively Affecting Real Estate Developers and Community Associations)
Illinois Supreme Court Changes Law for Construction Defect Coverage
Kenneth Gorenberg and Kelly K. Koss | Barnes & Thornburg Highlights The Illinois Supreme Court opened the door for commercial general liability (CGL) policies to potentially cover construction defect cases The court held CGL policies can provide coverage in Illinois for damage caused by inadvertent construction defects This decision reverses a previous tendency among Illinois… Continue reading Illinois Supreme Court Changes Law for Construction Defect Coverage
Illinois Supreme Court Issues Landmark Construction Insurance Coverage Ruling
James Davis, Bradley Dlatt and Kahin Tong | Perkins Cole In a landmark decision, the Illinois Supreme Court has granted a major victory for policyholders seeking general liability insurance coverage for construction defect and faulty workmanship claims. For years, Illinois’ intermediate appellate courts rewrote general liability policies to eviscerate coverage for owners, developers, builders, general… Continue reading Illinois Supreme Court Issues Landmark Construction Insurance Coverage Ruling
Related Claims Provisions in Claims-Made Liability Policies: The Policy Wording Matters!
Creighton Page | Foley Hoag Key Takeaways: Liability insurance policies are typically written on either an “occurrence” basis or a “claims made” basis. Under an occurrence-basis policy, the liability will be covered if the injury or damage occurred during the policy period. Under a claims-made policy, the coverage is triggered if the claim against the… Continue reading Related Claims Provisions in Claims-Made Liability Policies: The Policy Wording Matters!