Janeen M. Thomas | SDV Insights When an insurer handles a claim in violation of its duty to act in good faith, policyholders are often eager to sue the insurer for bad faith, seeking extra contractual damages. Before filing suit, however, it is critical that policyholders consider what state’s law applies to the bad faith… Continue reading Insurer’s Bad Faith is Actionable Tort for Purposes of Choice of Law Analysis
Category: Insurance Coverage
No Coverage for Construction Defect Claim Only Impacting Insured’s Work
Tred R. Eyerly | Insurance Law Hawaii In a coverage dispute between two insurers over a claim for damages caused by faulty workmanship, the court found there was no right to equitable contribution or indemnity. Travelers Prop. Cas. Co. of Am. v. Mallcraft, Inc., 2023 Cal. Super. LEXIS 67568 (Cal. Super. Ct. Sept. 15,… Continue reading No Coverage for Construction Defect Claim Only Impacting Insured’s Work
Illinois Supreme Court Holds that Constructions Defects May Constitute “Property Damage” Caused By An “Occurrence” Under Standard CGL Policy, Overruling Prior Appellate Court Precedent
Jason Taylor | Insurance Law Blog On November 30, 2023, the Illinois Supreme Court issued an opinion that overturned precedent in Illinois regarding whether faulty workmanship that only caused damage to the insured’s own work constituted “property damage” caused by an “occurrence” under Illinois law. In Acuity v. M/I Homes of Chicago, LLC, 2023 IL 129087, the… Continue reading Illinois Supreme Court Holds that Constructions Defects May Constitute “Property Damage” Caused By An “Occurrence” Under Standard CGL Policy, Overruling Prior Appellate Court Precedent
Illinois Supreme Court Indicates Potential Path for Insurance Coverage for Construction Defects Under CGL Policies
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
Did Water that Pooled on Roof Cause ‘Flood’ Damage? Mass. High Court Asked to Decide
Claims Journal A federal appellate court is asking Massachusetts’ top court to decide whether an insurance policy sublimit for damage caused by “surface waters” applies to damage from water that pooled on a parapet roof and second-floor courtyard during a rainstorm. The 1st Circuit Court of Appeals says an answer is needed so that it can resolve… Continue reading Did Water that Pooled on Roof Cause ‘Flood’ Damage? Mass. High Court Asked to Decide