Jim Sams | Claims Journal An Alabama judge awarded Robert and Mindy Barton $900,000 for actual damages and emotional distress caused by the botched construction of their custom home, but they won’t be able to collect that judgment from the homebuilder’s general liability insurer. The Barton’s own pleadings in the lawsuit against their contractor doomed… Continue reading No Coverage for Damages Caused by Contractor’s ‘Wanton’ Negligence, 11th Circuit Rules
Tag: construction defects
Your Contractor Messed Up. Can you Fire Them?
Mordy Mednick | Dickinson Wright Suppose you own a commercial building and intend to lease it to various tenants. But before you do, you need to make a number of improvements, so you hire a contractor. The contract between you and the contractor is expected to last approximately one year. However, about seven months into… Continue reading Your Contractor Messed Up. Can you Fire Them?
Contractor Owed a Defense
Tred R. Eyerly | Insurance Law Hawaii The Illinois Appellate Court reversed the lower court and found that the insured contractor was entitled to a defense for alleged construction defects. Acuity v. M/I Homes of Chicago, LLC, 2022 Ill. App. LEXIS 393 (Ill. Ct. App. Sept. 9, 2022). The owners association (AOAO) sued… Continue reading Contractor Owed a Defense
Colorado Defective Construction is Not Considered “Property Damage”
SDV Insights In the July 5, 2022, case of Indian Harbor Ins. Co. v. Houston Casualty Co., the United States District Court for Colorado addressed the issue of whether damage to defectively installed balconies is considered “property damage” under Colorado law, requiring payment by a commercial general liability policy. Facts of the Case The case stems… Continue reading Colorado Defective Construction is Not Considered “Property Damage”
Colorado Defective Construction is Not Considered “Property Damage”
Saxe Doernberger & Vita In the July 5, 2022, case of Indian Harbor Ins. Co. v. Houston Casualty Co., the United States District Court for Colorado addressed the issue of whether damage to defectively installed balconies is considered “property damage” under Colorado law, requiring payment by a commercial general liability policy. Facts of the Case The… Continue reading Colorado Defective Construction is Not Considered “Property Damage”