Daniel J. Nichols | Gordon & Rees LLP | February 2, 2015 In Sunset Presbyterian Church v. Anderson Constr. Co., 268 Or. App. 309 (Dec. 31, 2014), the Oregon Court of Appeals curtailed the damages available from a breach of a duty to defend obligation in an Oregon construction contract. The court affirmed a trial… Continue reading Oregon Appellate Case Limits Duty to Defend in Construction Contracts
Tag: duty to defend
California Guidance on Complex Duty to Defend Disputes over Additional Insured Status
Max H. Stern | Duane Morris LLP | January 28, 2015 In McMillin Companies, LLC v. American Safety Indemnity Co. (4th Dist. Div. 1, No. D063586, January 22, 2015 (published in relevant part)), the California Court of Appeal for the Fourth District has provided some meaningful guidance on how a trial court should handle issues that regularly… Continue reading California Guidance on Complex Duty to Defend Disputes over Additional Insured Status
Insurer Has Duty to Defend Additional Insured in Construction Defect Case
Tred Eyerly | Insurance Law Hawaii | December 29, 2015 The court denied the insurer’s motion for summary judgment, holding that the insurer had a duty to defend the additional insured against claims for construction defects. Centex Homes v. Lexington Ins. Co., 2014 U.S. Dist. LEXIS 164472 (C.D. Cal. Nov. 24, 2014). Centex contracted with Gateway… Continue reading Insurer Has Duty to Defend Additional Insured in Construction Defect Case
Duty to Defend Construction Defect Case Triggered by Complaint’s Allegations
Tred Eyerly – Insurance Law Hawaii – August 20, 2014 The subcontractor’s insurer could not escape contributing to defense costs of its insured when coverage was possible based upon the underlying complaint’s allegations. Seneca Ins. Co. v. James River Ins. Co., 2014 U.S. Dist. LEXIS 97156 (D. Ore. July 17, 2014). The underlying action alleged… Continue reading Duty to Defend Construction Defect Case Triggered by Complaint’s Allegations
No Coverage for Installation of Defective Steel Framing
Tred Eyerly – June 23, 2014 The California Court of Appeal affirmed the trial court’s holding that the insurer had no duty to defend claims arising out of the insureds’ installation of defective steel framing in an apartment building. Regional Steel Corp. v. Liberty Surplus Ins. Corp., No. B245961(Cal. Ct. App. May 16, 2014) [decision here]. Regional… Continue reading No Coverage for Installation of Defective Steel Framing