Paul Ferland and Joshua Tumen | Property Insurance Law Observer In Bob Robison Commercial Flooring Inc. v. RLI Insurance Company (2025 WL 852889 (8th Cir. 2025), the United States Court of Appeals for the Eighth Circuit determined that an ensuing loss provision of a builder’s risk insurance policy did not restore coverage resulting from defective workmanship where… Continue reading Coverage for Defective Workmanship Not Restored by Ensuing Loss Provision
Tag: Defective Workmanship
Enhancing The Prospects For Contractors To Have Insurance Coverage For Their Subcontractors’ Defective Work
Gregory P. Parsons and J.P. Stilz | Stites & Harbison I. INTRODUCTION. When a construction contractor engages in a construction project, it generally purchases a commercial general liability policy (“CGL”) to broadly cover it and, frequently, the property owner for claims that might arise during the course of construction. These insurance contracts are standard forms… Continue reading Enhancing The Prospects For Contractors To Have Insurance Coverage For Their Subcontractors’ Defective Work
Subcontractor Entitled to Defense for Defective Work Causing Property Damage Beyond Its Scope of Work
Tred R. Eyerly | Insurance Law Hawaii | May 1, 2019 The Illinois Court of Appeals found the subcontractor was owed a defense for alleged property damage caused by its faulty workmanship, but outside its scope of work. Acuity Ins. Co. v. 950 W. Huron Condo. Ass’n, 2019 Ill. App. LEXIS 208 (Ill. Ct.… Continue reading Subcontractor Entitled to Defense for Defective Work Causing Property Damage Beyond Its Scope of Work
Addressing the Defective Stucco Crisis
Wally Zimolong | Supplemental Conditions | November 21, 2018 I received several emails regarding the expose by Caitlin McCabe and Erin Arvedlund in the Philadelphia Inquirer titled “Rotting Within.” The story outlines the epidemic of defective stucco and other “building envelope” issues in Southeastern Pennsylvania that is causing homes to literally rot from within. Having litigated several… Continue reading Addressing the Defective Stucco Crisis
Will New York Law Go the Way of Weedo: Tenth Circuit Predicts New York Court of Appeals Will Hold that Property Damage Caused by a Subcontractor’s Defective Workmanship Can Constitute an Occurrence Under a Contractor’s CGL Policy
Bryan Keane and Katie Pfeifer | Dorsey | February 15, 2018 On February 13, 2018, the Tenth Circuit Court of Appeals reversed a lower court decision, which concluded that, under New York law, the property damage caused by a subcontractor’s faulty workmanship did not qualify as a covered occurrence because the only damages were to… Continue reading Will New York Law Go the Way of Weedo: Tenth Circuit Predicts New York Court of Appeals Will Hold that Property Damage Caused by a Subcontractor’s Defective Workmanship Can Constitute an Occurrence Under a Contractor’s CGL Policy