David L. Beck | Pillsbury Winthrop Shaw Pittman LLP | April 19, 2016 The recent decision of Allied Property & Casualty Insurance Co. v. Metro North Condominium Associates highlights why only a minority of jurisdictions still hold to the fiction that construction defects cannot give rise to an “occurrence” covered under a CGL policy. It also… Continue reading A Double Standard in Construction Defect Coverage Cases?
Tag: CGL Policy
#3 – No Escape: California Court of Appeals Gives a Primary CGL Insurer’s “Other Insurance” Clause Two Thumbs Down
Yas Omidi | California Construction Law Blog | November 30, 2015 “No Escape” is a 2015 action movie starring Pierce Brosnan and Owen Wilson (that’s right, Owen Wilson) and which the folks at rogerebert.com described as “a dreadful…would-be thriller” and “low-grade trash.” It’s also, in short, the California Court of Appeal’s answer to a primary… Continue reading #3 – No Escape: California Court of Appeals Gives a Primary CGL Insurer’s “Other Insurance” Clause Two Thumbs Down
Costs Incurred to Repair Property Other Than Insured’s Defective Work Itself Are Covered Damages
Amy B. Briggs, Christine Spinella Davis and David B. Killalea | Manatt Phelps & Phillips LLP | December 4, 2015 Why it matters: A Florida federal court ruled that an insurer owes $23 million in indemnification to its insured, a general contractor, for repairs made to fix deficient subcontractor work at a luxury condominium tower because… Continue reading Costs Incurred to Repair Property Other Than Insured’s Defective Work Itself Are Covered Damages
CGL Policy Did Not Afford Coverage For An Underlying Construction Defect Action Because The Alleged Property Damage Was Discovered After The Policy Period And The Total Residential Construction Exclusion Was Implicated
Troutman Sanders | June 5, 2015 Atain Specialty Ins. Co. v. North Bay Waterproofing, 2015 U.S. Dist. LEXIS 11404 (N.D. Cal. Jan. 30, 2015) In Atain Speciality, the Northern District of California entered a default judgment in favor of the insurer because the damages alleged in an underlying construction defect action were not discovered until… Continue reading CGL Policy Did Not Afford Coverage For An Underlying Construction Defect Action Because The Alleged Property Damage Was Discovered After The Policy Period And The Total Residential Construction Exclusion Was Implicated
No Coverage For Construction Defect Under Illinois Law
Tred R. Eyerly | Insurance Law Hawaii | January 26, 2015 The court followed precedent in Illinois and upheld the insurer’s denial of coverage for construction defects that did not damage other property. Design Concrete Founds., Inc. v. Erie Ins. Prop. & Cas. Co., 2014 Ill. App. Unpub. LEXIS 2684 (Ill Ct. App. Nov. 26, 2014).… Continue reading No Coverage For Construction Defect Under Illinois Law