David M. McLain | Colorado Construction Litigation | December 18, 2017 Association Insurance Company v. Carbondale Glen Lot E-8, LLC In a case that squarely confronts the juxtaposition of an insurer’s duty to defend or indemnify its insured for construction related defects, the United States District Court for the District of Colorado recently granted an… Continue reading Federal Court Reaffirms That There is No Duty to Defend or Indemnify a Builder for Defective Construction Work
Tag: duty to defend
Oregon Supreme Court Confirms Broad Duty to Defend
Theresa A. Guertin and Tiffany Casanova | Saxe Doernberger & Vita PC The Supreme Court of Oregon issued a decision at the end of last year which perfectly illustrates the lengths to which a court may go to grant a contractor’s claim for defense from its insurer in a construction defect suit. In West Hills… Continue reading Oregon Supreme Court Confirms Broad Duty to Defend
Do Defect Notice Letters Trigger The Duty To Defend?
Elliotte Quinn IV | Law 360 | October 17,2017 A developing area in the law of insurance coverage for construction defects is whether a contractor’s commercial general liability (“CGL”) carrier is obligated to defend the contractor when the contractor receives a notice of alleged construction defects under a notice and opportunity to repair statute. Over… Continue reading Do Defect Notice Letters Trigger The Duty To Defend?
Privity and Additional Insured Coverage
Larry P. Schiffer and Suman Chakraborty | Squire Patton Boggs | October 5, 2017 When a worker is injured on a construction job and sues the relevant parties, a side battle often ensues over which carrier has the duty to defend and indemnify the owner, general contractor or subcontractor based on the language in the… Continue reading Privity and Additional Insured Coverage
Insurance Co. Not Liable For Theoretical Claims, Judge Says
Rick Archer | Law 360 | August 25, 2017 A Nevada federal judge Thursday found an insurance company had no duty to defend construction companies against theoretical future claims, saying the argument stretched the duty to defend “to the breaking point.” U.S. District Judge Jennifer A. Dorsey issued a summary judgment rejecting three insurance companies’… Continue reading Insurance Co. Not Liable For Theoretical Claims, Judge Says