Tred R. Eyerly | Insurance Law Hawaii The Illinois Supreme Court found that the underlying allegations addressing construction defects were sufficient to establish “property damage” caused by an “occurrence.”Acuity v. M/I Homes of Chicago, LLC, 2023 Ill. LEXIS 1019 (Ill. Nov. 30, 2023). M/I Homes was the general contractor for a… Continue reading Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage
Tag: construction defects
LEG 3 – Has America sneezed?
Jonathan Bruce | HFW We have recently seen a further eyebrow raising decision on LEG 3 (a defects exclusion/write back) under a Construction All Risks (“CAR”) policy coming out of the US, the second in only three months. These will attract some attention for insurance market participants in other jurisdictions because of the dearth of… Continue reading LEG 3 – Has America sneezed?
If a Defect Occurs During Construction, Is It an “Occurrence?”
Brendan J. Witry | The Dispute Resolver Establishing insurance coverage for construction defects is almost as important as establishing liability in the underlying construction defect litigation itself. The risk to the defendant contractor of defending a construction claim can place significant burdens on a contractor’s operations and an uninsured judgment might even put the contractor… Continue reading If a Defect Occurs During Construction, Is It an “Occurrence?”
At Long Last, the Colorado Legislature Gets Serious About Construction Defect Reform – In a Constructive Way
David McLain | Higgins, Hopkins, McLain & Roswell On February 5th, Senators Zenzinger and Coleman, along with Representative Bird, introduced Senate Bill 24-106 into the Colorado Legislature. The bill has been assigned to the Senate Committee on Local Government and Housing. What follows are the various portions of the bill I believe to be the… Continue reading At Long Last, the Colorado Legislature Gets Serious About Construction Defect Reform – In a Constructive Way
Contractors, Beware: General Liability Insurers Wrongfully Denying Claims for Damage Caused by Defective Subcontractor Work
Eric Eisenberg and Robert Ferguson, Jr. | Hinckley Allen As a contractor, you are familiar with working together with subcontractors — delegating project scope as part of the overall job. However, when a subcontractor’s work is defective, who is liable for the damage? This is not an unfamiliar issue to contractors — more than likely,… Continue reading Contractors, Beware: General Liability Insurers Wrongfully Denying Claims for Damage Caused by Defective Subcontractor Work