Michael Jefferson | Davis Wright Tremaine Developers and owners often find that obtaining insurance coverage for their construction projects can be confusing and unnecessarily complicated. When dealing with construction projects in excess of $50 million, an Owner Controlled Insurance Program (“OCIP”) (also known as Wrap-Up or consolidated insurance) may be an option for owners to… Continue reading To OCIP or Not to OCIP, That Is the Question – Pros and Cons of Wrap-Up Construction Insurance
Category: Insurance Coverage
Court Finds Policy Term, “Windstorm,” to be Ambiguous in Coverage Dispute Involving Tornado
Paul Ferland and Joshua Tumen | Property Insurance Law Observer In Mankoff v. Privilege Underwriters Reciprocal Exchange (2024 WL 322297 (Tex. App.—Dallas Jan. 29, 2024)), the Court determined that the term “windstorm” was ambiguous as utilized in the subject insurance policy. The insureds suffered property damage caused by a tornado and subsequently submitted a claim to their… Continue reading Court Finds Policy Term, “Windstorm,” to be Ambiguous in Coverage Dispute Involving Tornado
If a Defect Occurs During Construction, Is It an “Occurrence?”
Brendan J. Witry | The Dispute Resolver Establishing insurance coverage for construction defects is almost as important as establishing liability in the underlying construction defect litigation itself. The risk to the defendant contractor of defending a construction claim can place significant burdens on a contractor’s operations and an uninsured judgment might even put the contractor… Continue reading If a Defect Occurs During Construction, Is It an “Occurrence?”
Oregon Landmark Decision Opens Door to Bad Faith Litigation
Tessan Wess | Gordon Rees Scully Mansukhani For the first time in Oregon, claimants have a legal basis to pursue first-party bad faith claims against insurers. In late December 2023, the Oregon Supreme Court affirmed a 2022 opinion from the Oregon Court of Appeals in Moody v Oregon Community Credit Union and opened the door to bad… Continue reading Oregon Landmark Decision Opens Door to Bad Faith Litigation
Insurer’s Motion for Judgment on the Pleadings for Construction Defect Claim Rejected
Tred R. Eyerly | Insurance Law Hawaii The magistrate judge recommended that the insurer’s motion for judgment on the pleadings be denied in a case involving coverage for the insured subcontractor’s alleged faulty workmanship. Evanston Ins. Co. v. Sonny Glasbrenner, Inc., 2023 U.S. Dist. LEXIS 190019 (M.D. Fla. Oct. 20, 2023). Cone… Continue reading Insurer’s Motion for Judgment on the Pleadings for Construction Defect Claim Rejected