Oregon Supreme Court Confirms Broad Duty to Defend

Theresa Guertin | Saxe Doernberger & Vita, PC | January 2017 The Supreme Court of Oregon issued a decision at the end of last year which perfectly illustrates the lengths to which a court may go to grant a contractor’s claim for defense from its insurer in a construction defect suit. In West Hills Development… Continue reading Oregon Supreme Court Confirms Broad Duty to Defend

Arizona Court of Appeals Rules That Coverage for an Additional Insured is no Greater Than Coverage Afforded a Named Insured – – Interpretation of the Your Work Exclusion.

J. Gregory Cahill | Dickinson Wright PLLC | January 12, 2017 In a matter of first impression, the Arizona Court of Appeals recently ruled that the “Your Work Exclusion” in a Commercial General Liability (“CGL”) insurance policy bars coverage for an additional insured when the only claimed damage was to the named insured’s own work.… Continue reading Arizona Court of Appeals Rules That Coverage for an Additional Insured is no Greater Than Coverage Afforded a Named Insured – – Interpretation of the Your Work Exclusion.

Are You Really An Additional Insured?

Jonathan P. Wolfert and Owen Wolfe | Seyfarth Shaw LLP | December 28, 2016 Parties structuring transactions or business relationships often attempt to shift risk to their counter-party by having such party included as an additional insured on the counter-party’s insurance policies.  In the real estate world, for example, property owners, including cooperatives and condominiums,… Continue reading Are You Really An Additional Insured?

Additional Insured Not Entitled to Coverage for Post-Completion Defects

Tred R. Eyerly | Insurance Law Hawaii | December 21, 2016 The general contractor, an additional insured on the subcontractor’s policy, was not entitled to coverage for construction defect claims that arose after completion of the project. Weitz Co. v. Acuity, 2016 U.S. Dist. LEXIS 150433 (S.D. Ohio Oct. 31, 2016). Weitz was the general contractor… Continue reading Additional Insured Not Entitled to Coverage for Post-Completion Defects

No Duty to Defend Additional Insured for Construction Defects

Tred R. Eyerly | Insurance Law Hawaii | November 21, 2016 The Eleventh Circuit found there was no duty to defend the contractor additional insured for the costs of repairing and replacing roofing installed incorrectly by the subcontractor insured. Core Constr. Servs. Southeast v. Crum & Forster Spec. Ins. Co., 2016 U.S. App. LEXIS 17575… Continue reading No Duty to Defend Additional Insured for Construction Defects

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