Elizabeth Jewell | Wiley Rein The United States District Court for the Northern District of Illinois, applying Illinois law, has held that a claim was deemed first made when the insured received actual, rather than constructive notice of the claim. Philadelphia Indem. Ins. Co. v. Lewis Produce Mkt No. 2, 2022 WL 1045640 (N.D. Ill. Apr.… Continue reading No Coverage for Claim Deemed Made After Policy Expired When Insured First Received Actual Notice of Lawsuit
Category: Construction Claims
Construction Defect Claims Not Covered
Tred R. Eyerly | Insurance Law Hawaii The court found that the insured’s negligent acts causing damage to only the structure of the home it built were not covered under the CGL policy. Westfield Ins. Co. v. Zaremba Builders II LLC, 2022 U.S. Dist. LEXIS 36189 (N.D. Ill. March 2, 2022). Zaremba… Continue reading Construction Defect Claims Not Covered
What do the Rules of Evidence Have to Do With Documenting a Construction Claim? Everything.
Jacob Zahniser | Miller Nash Construction is a document-intensive industry. Construction disputes are equally document-intensive. Given the critical role of written documentation in preserving and resolving construction claims, it is essential that construction companies adequately train the people who create and manage written documentation. Otherwise, evidentiary challenges could sink an otherwise meritorious claim or defense.… Continue reading What do the Rules of Evidence Have to Do With Documenting a Construction Claim? Everything.
Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered By CGL Policies
Nathan A. Cazier and Scott S. Thomas | Payne & Fears The construction industry operates under the constant spectre of claims seeking damages for defective or faulty workmanship. Fortunately, the law in most states treats these claims as covered under commercial general liability (“CGL”) policies. A small minority of states take a much stingier view.… Continue reading Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered By CGL Policies
Construction Defect Insurance Claims
Jim Borders and Granger Stuck | J.S. Held Introduction Construction defect claims and cases are scenarios wherein physical loss or damage is claimed to be related to defective building elements that will require repair or replacement. Typical defect claims and cases will involve exterior building enclosures or the building structure. However, it is important to… Continue reading Construction Defect Insurance Claims