Eric B. Hermanson and Austin D. Moody | White and Williams In an important ruling for insurers, U.S. District Court Judge Patti Saris found that Massachusetts does not follow the position taken in Cypress Point Condo Association v. Adria Towers, LLC, 226 N.J. 403, 418 (2016), i.e., it does not hold that “faulty workmanship claims [should be recognized]… Continue reading Massachusetts Federal Court Rejects Adria Towers, Finds Construction Defects Not An “Occurrence”
Tag: Construction Defect Claims
No Duty to Defend Construction Defect Claims
Tred R. Eyerly | Insurance Law Hawaii The court determined the insurer had no duty to defend construction defect claims asserted against the insured. Pa. Nat’l Mut. Cas. Ins. Co. v. River City Roofing, 2022 U.S. Dist. LEXIS 38226 (E.D. Va. March 3, 2022). Branch Builds, Inc, was the general contractor for… Continue reading No Duty to Defend Construction Defect Claims
Insurer Must Defend Faulty Workmanship Claims
Tred R. Eyerly | Insurance Law Hawaii The court determined that the insurer improperly denied a defense for construction defect claims made against the insured. Amerisure Mut. Ins. Co. v. McMillin Tex. Homes, 2022 U.S. Dist. LEIS 40363 (W.D. Texas March 8, 2022). McMillin was a developer, general contractor and home seller. It… Continue reading Insurer Must Defend Faulty Workmanship Claims
Texas Federal Court Delivers Another Big Win For Policyholders on CGL Coverage for Construction-Defect Claims and “Rip-and-Tear” Damages
Blake A. Dillion, Jared DeJong and Scott S. Thomas | Payne & Fears Insurers regularly argue that commercial general liability (“CGL”) policies are not performance bonds and therefore there is no coverage for claims seeking damages for defective or faulty workmanship. Insurers also argue there is no coverage for so-called “tear-out” or “rip-and-tear” damages, where… Continue reading Texas Federal Court Delivers Another Big Win For Policyholders on CGL Coverage for Construction-Defect Claims and “Rip-and-Tear” Damages
Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered by CGL Policies
Nathan Cazier and Scott Thomas | Payne & Fears The construction industry operates under the constant spectre of claims seeking damages for defective or faulty workmanship. Fortunately, the law in most states treats these claims as covered under commercial general liability (“CGL”) policies. A small minority of states take a much stingier view. In a… Continue reading Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered by CGL Policies