Tred R. Eyerly | Insurance Law Hawaii | July 1, 2019 Although the lower court held that the insured contractor was entitled to coverage and indemnification under a CGL policy despite claims based upon faulty workmanship, the Alabama Supreme Court reversed. Nationwide Mut. Fire Ins. Co. v. David Group, Inc., 2019 Ala. LEXIS 52… Continue reading Alabama Supreme Court Reverses Determination of Coverage for Faulty Workmanship
Tag: Commercial Property Liability Insurance Policy
“Rip-and-Tear Damages” In Construction: A Roadmap For Coverage Where None Existed?
Ashley Veitenheimer | Kane Russell Coleman Logan | May 22, 2019 The insuring agreement in most commercial general liability policies states that the carrier “will pay those sums that the insured becomes legally obligated to pay as damages because of…’property damage’ to which this insurance applies.” In addition, most policies exclude coverage for the defective work… Continue reading “Rip-and-Tear Damages” In Construction: A Roadmap For Coverage Where None Existed?
CGL Insurer’s Duty to Defend Broader Than Duty to Indemnify and Based on Allegations in Underlying Complaint
David Adelstein | Florida Construction Legal Updates | February 9, 2019 The duty to defend an insured with respect to a third-party claim is broader than the duty to indemnify the insured for that claim. The duty to defend is triggered by allegations in the underlying complaint. However, an insurer is only required to indemnify its insured for damages covered under the policy. A recent… Continue reading CGL Insurer’s Duty to Defend Broader Than Duty to Indemnify and Based on Allegations in Underlying Complaint
Policy Language Aside, Insurer is Obligated to Pay in California
K. Renee Schimkat | Carlton Fields Jorden Burt | March 25, 2015 A California appellate court found that an insurer’s delay in resolving and denying a claim under a commercial property liability insurance policy excused the property owner from satisfying a condition precedent to coverage, namely, repairing the damage at issue in order to recover the… Continue reading Policy Language Aside, Insurer is Obligated to Pay in California