Traub Lieberman In Clear Blue Ins. Co. v. Gemini Ins. Co., No. 8:22-cv-1711-TPB-AEP, 2024 U.S. Dist. LEXIS 57340 (M.D. Fla. Mar. 29, 2024), the Court was faced with competing summary judgment motions with each party arguing coverage under the others’ policy applied after the subcontractor’s primary policy was exhausted. CPWR LLC, d/b/a Capital Contractor Services (“CCS”) contracted… Continue reading Middle District of Florida Disregards Other Insurance Clause Where Subcontractor Contractually Promised to Indemnify General Contractor
Category: Insurance
Court Denies Developer Insurance Coverage to Repair Defective Construction
Paul Ferland and Joshua Tumen | Cozen O’Connor In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the hard costs associated with repairing a defective concrete slab because the insured… Continue reading Court Denies Developer Insurance Coverage to Repair Defective Construction
Insureds’ Not Entitled to Recovery for Partial Collapse
Tred R. Eyerly | Insurance Law Hawaii The Sixth Circuit affirmed the District Court’s decision that the insureds could not recover for a partial collapse of a wall. Builders Mut. Ins. Co. v. GCC Construction, LLC, 2024 U.S. App. LEXIS 31518 (6th Cir. Dec. 11, 2024). Tahini Main Street bought a century-old building… Continue reading Insureds’ Not Entitled to Recovery for Partial Collapse
Insurance and Reconstruction: A Guide for Property Owners Facing Wildfire Aftermath and Other Disasters
Matthew DeVries and Heather Wright | Best Practices Construction Law “This is the worst-case scenario to prepare for,” said Kristan Lund, a meteorologist with the National Weather Service, when talking about the recent wildfires in Los Angeles and the subsequent heavy rainfall. The aftermath of debris, mudslides and flooding has left a path of devastation, destroying… Continue reading Insurance and Reconstruction: A Guide for Property Owners Facing Wildfire Aftermath and Other Disasters
What to Do When Faced With a Potential Claim Under Your D&O Insurance Policy
Jacquelyn Burke, Cecelia Lockner, Carl Metzger, Brian Mukherjee and George Schneider | Goodwin When in Doubt, Notice the Claim! As a general matter, coverage under a D&O insurance policy may be triggered by receipt of any written notice alleging a so-called wrongful act. Even a counterclaim in a lawsuit in which you are the plaintiff… Continue reading What to Do When Faced With a Potential Claim Under Your D&O Insurance Policy