Joshua Tumen and Paul Ferland | The Property Insurance Law Observer In Life Skills, Inc. v. Harleysville Insurance Company, 2024 WL 3792261 (D. Mass. 2024), the District Court of Massachusetts found that “collapse” provisions within a commercial property policy were ambiguous where a floor merely sagged without completely falling to the ground. Background The plaintiff-insured provided… Continue reading Does a Sagging Floor Constitute a “Collapse”? Court Finds Ambiguity in “Collapse.”
Tag: Commercial General Liability Policy
To Pay or Not to Pay “Rip and Tear” Damages
Martin Shaw and Kenneth Stallard | Carr Maloney Should a contractor’s Commercial General Liability (CGL) insurance policy cover the expense of uncovering defective work causing damage to the owner’s property as well as the costs of exposing or accessing damaged building elements in need of repair as a result of the contractor’s defective work? For… Continue reading To Pay or Not to Pay “Rip and Tear” Damages
Water Alone is Not Property Damage under a CGL policy in Connecticut
Bill Wilson | Construction Law Zone The Connecticut Appellate Court recently provided guidance on what does not constitute property damage under a typical contractor’s Commercial General Liability (CGL) insurance policy in Westchester Modular Homes of Fairfield County, Inc. v. Arbella Protection Ins. Co., 224 Conn App. 526 (2024). In this case, the contractor defended construction defect… Continue reading Water Alone is Not Property Damage under a CGL policy in Connecticut
Scheduling, Compliance, and Liaison Tasks under the Professional Services Exclusion
Kathy Maus and Samantha Wuschke | Butler Weihmuller Katz Craig Although a construction manager’s scheduling and liaison responsibilities do not require specialized training, such tasks may be sufficiently related to the actor’s other roles to be excluded from coverage under a liability policy’s Professional Services exclusion, the U.S. Eleventh Circuit Court of Appeals has held.… Continue reading Scheduling, Compliance, and Liaison Tasks under the Professional Services Exclusion
Illinois Supreme Court Indicates Potential Path for Insurance Coverage for Construction Defects Under CGL Policies
Brandon Clark and Megan Warshawsky | Saul Ewing On November 30, 2023, the Illinois Supreme Court issued a decision in the case of Acuity v. M/I Homes of Chicago, LLC, et al., 2023 IL 129087 with significant implications for insurance coverage of construction defects under commercial general liability (CGL) policies. The Acuity decision stems from a fairly mundane… Continue reading Illinois Supreme Court Indicates Potential Path for Insurance Coverage for Construction Defects Under CGL Policies