Tred R. Eyerly | Insurance Law Hawaii The Seventh Circuit reversed the district court’s finding that the insured architecture firm was not entitled to a defense. Cornice & Rose International, LLC v. Acuity, 2024 U.S. App. LEXIS 29925 (7th Cir. Nov. 25, 2024). Cornice, an architectural firm, oversaw the construction of a… Continue reading Seventh Circuit Finds Allegations of Occurrence and Property Damage Require a Defense
Category: Property Damage
Alleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property Damage
Tred R. Eyerly | Insurance Law Hawaii The court found that even if the insured’s negligent misrepresentations constituted an accident, the disclosures did not cause physical damage to the property. Wood v. USAA Cas. Ins. Co., 2024 U.S. Dist. LEXIS 180624 (D. S.C. Sept. 12, 2024). The insured, Clinton Wood, purchased a… Continue reading Alleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property Damage
Insured’s Failure to Cooperate Dooms Claim
Tred R. Eyerly | Insurance Law Hawaii The court granted the insurer’s motion for summary judgment based upon the insured’s failure to allow the insurer to inspect damaged personal property . Ansah v Nationwide Prop. and Cas. Ins. Co., 2024 U.S. Dist. LEXIS 151472 (S. D. Texas Aug. 23, 2024). The insureds… Continue reading Insured’s Failure to Cooperate Dooms Claim
Damage to Property Coverage Update
Chelsea A. Saferian | Plunkett Cooney Admiral Ins. Co. v. Tocci Bldg. Corp.No. 22-1462, 2024 WL 4716375 (1st Cir. Nov. 8, 2024) The U.S. Court of Appeals for the First Circuit held that the defendant insureds were not owed coverage for underlying litigation that alleged defective work caused by a subcontractor. Admiral Insurance Company (Admiral) brought… Continue reading Damage to Property Coverage Update
First Circuit Finds No Coverage For Subcontracted Faulty Work
Eric Hermanson and Austin Moody | White and Williams After almost two years’ deliberation, the First Circuit last week issued its long-awaited decision in Admiral Ins. Co. v. Tocci Bldg. Corp.[1]: affirming on other grounds, and leaving in place a district court decision that found subcontracted faulty work was not an “occurrence” and did not lead… Continue reading First Circuit Finds No Coverage For Subcontracted Faulty Work