If Defective Work Is An Accident, Does That Mean It’s Covered?

Charles W. Surasky | Smith Currie & Hancock | October 25, 2017 In our last issue, we discussed the growing trend of courts recognizing that most defective work is accidental for purposes of commercial general liability insurance coverage. Does this mean that CGL insurance will pay for property damage caused by defective work? In many… Continue reading If Defective Work Is An Accident, Does That Mean It’s Covered?

Insurance Policy Did Not Prevent Association Recovery from Subcontractors for Defective Work

Justin L. Weisberg | K & L Gates Hub | April 6, 2017 On February 17, the First District Appellate Court issued an opinion regarding the Implied Warranty of Habitability in the case of Sienna Court Condominium Association v. Champion Aluminum Court et al.  The opinion involved three separate appeals: the first relating to claims… Continue reading Insurance Policy Did Not Prevent Association Recovery from Subcontractors for Defective Work

A Subcontractor’s Defective Work Is an Occurrence: Weedo Wobbles … and Falls Down

Stephen S. Asay | Pillsbury Winthrop Shaw Pittman LLP | September 6, 2016 Since 1979, commercial general liability (CGL) insurers have relied on the New Jersey Supreme Court case of Weedo v. Stone-E-Brick, Inc. and its progeny to argue that a subcontractor’s defective work can never qualify as an “occurrence” under a standard form ISO… Continue reading A Subcontractor’s Defective Work Is an Occurrence: Weedo Wobbles … and Falls Down

NJ Supreme Court Gets it Right! Consequential Damages Caused by a Subcontractor’s Defective Construction Work is Insured

Jonathan A. Cass and Rene David Quinlan | Construction Law Signal | August 29, 2016 The New Jersey Supreme Court’s August 4, 2016 decision in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC opened the door for general contractors to obtain insurance coverage under their commercial general liability (CGL) policies for property damage caused… Continue reading NJ Supreme Court Gets it Right! Consequential Damages Caused by a Subcontractor’s Defective Construction Work is Insured

NJ Supreme Court Holds Insurers Liable for Subcontractor’s Defective Work

Practical Law | August 18, 2016 In a case of first impression, the Supreme Court of New Jersey recently held that insurers may be liable for consequential damages resulting from a subcontractor’s defective work under commercial general liability insurance policies.  On August 4, 2016, in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC, the… Continue reading NJ Supreme Court Holds Insurers Liable for Subcontractor’s Defective Work

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