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
Tag: Additional Insured
Finding Coverage for “ Additional Insured ” Third Circuit Cautions that “Insurer Cannot Bury its Head in the Sand”
Michael H. Sampson, Jay M. Levin, Andrew J. Muha, Douglas R. Widin and Caitlin R. Garber | Reed Smith | February 22, 2016 Executive Summary Using the “four corners” rule, the U.S. Court of Appeals for the Third Circuit decided in Ramara, Inc. v. Westfield Insurance Co., No. 15-1003 (3d Cir. Feb. 17, 2016), that… Continue reading Finding Coverage for “ Additional Insured ” Third Circuit Cautions that “Insurer Cannot Bury its Head in the Sand”
Oregon Supreme Court enforces Indemnity Provisions, but Only to a Point
Gabe Weaver | The Policyholder Report | July 8, 2015 The Oregon Supreme Court recently addressed an issue that has been the source of significant uncertainty in construction disputes: the extent to which construction agreements can require subcontractors to indemnify general contractors for damages caused by the negligence of others. This issue keenly interests coverage counsel… Continue reading Oregon Supreme Court enforces Indemnity Provisions, but Only to a Point
California Guidance on Complex Duty to Defend Disputes over Additional Insured Status
Max H. Stern | Duane Morris LLP | January 28, 2015 In McMillin Companies, LLC v. American Safety Indemnity Co. (4th Dist. Div. 1, No. D063586, January 22, 2015 (published in relevant part)), the California Court of Appeal for the Fourth District has provided some meaningful guidance on how a trial court should handle issues that regularly… Continue reading California Guidance on Complex Duty to Defend Disputes over Additional Insured Status
Insurer Has Duty to Defend Additional Insured in Construction Defect Case
Tred Eyerly | Insurance Law Hawaii | December 29, 2015 The court denied the insurer’s motion for summary judgment, holding that the insurer had a duty to defend the additional insured against claims for construction defects. Centex Homes v. Lexington Ins. Co., 2014 U.S. Dist. LEXIS 164472 (C.D. Cal. Nov. 24, 2014). Centex contracted with Gateway… Continue reading Insurer Has Duty to Defend Additional Insured in Construction Defect Case