Troutman Sanders | January 23, 2017 In Navigators v. Moorefield, the court addresses two coverage questions in the context of a commercial general liability insurer’s action for reimbursement of all amounts it paid toward the settlement of construction defect litigation against its general contractor insured. First, if the policy states that it covers property damage… Continue reading A Known Construction Defect Left Uncorrected Is Not An Accidental “Occurrence”
Tag: Advise & Consult
Related Acts Provisions in Professional Liability Policies
Christopher Fredericks and Gregory S. Mantych | International Law Office | February 7, 2017 Introduction Of the various provisions found in insurance policies, few lend themselves to existential exploration more than those concerning ‘related’ acts. What makes two separate acts related? Does the relationship come down to the similarities or the differences? Does one act… Continue reading Related Acts Provisions in Professional Liability Policies
Federal Court in Pennsylvania Analyzes Which Types of Damage are Barred by Contractual Waiver of Consequential Damages
Kristopher Berr | Pepper Hamilton LLP | January 26, 2017 Jay Jala, LLC v. DDG Construction, Inc., No. 15-3948, 2016 US Dist. LEXIS 150969 (E.D. Pa. Nov. 1, 2016) Jay Jala, LLC was the owner of a motel construction project in Allentown, Pennsylvania. DDG Construction, Inc. was the contractor. The project was delayed during construction… Continue reading Federal Court in Pennsylvania Analyzes Which Types of Damage are Barred by Contractual Waiver of Consequential Damages
“Alternative” Disputes Resolution: the Mediation and Arbitration Options
Neil S. Lowenstein | Vandeventer Black LLP | February 6, 2017 Disagreements are always best resolved at the earliest stage. Construction disputes are no exception to that, and the earlier the better. Unresolved disputes can adversely affect not only the time and cost of performance; but also, and sometimes worse, relationships. And while the best… Continue reading “Alternative” Disputes Resolution: the Mediation and Arbitration Options
The Genuine Dispute Defense and Bad Faith
Kevin Pollack | Property Insurance Coverage Law Blog | February 1, 2017 Insurers often seek to avoid liability for bad faith by asserting the “Genuine Dispute Doctrine.” Under the genuine dispute rule, an insurer’s coverage or claim decision may not be in bad faith when it mistakenly withholds policy benefits, if the mistake is reasonable… Continue reading The Genuine Dispute Defense and Bad Faith