Scott B. Galla – May 5, 2013 A New York appellate court recently upheld a supreme court ruling that an insurer had a duty to defend a manufacturer’s faulty workmanship where it resulted in third party property damage. I.J. White Corp. v. Columbia Cas. Co., 2013 NY Slip Op 2500 (N.Y. App. Div. 1st Dep’t Apr.… Continue reading Framing Of Damages Determines Duty To Defend In Recent New York Case
Tag: duty to defend
Sixth Circuit Holds That Insurer Is Required to Defend Contractor in Claim by Customer, as “Your Work” Exclusion in CGL Policy Is Inapplicable
Peter Georgiton – April 25, 2013 In Forrest Construction, Inc. v. The Cincinnati Insurance Co., No. 11-6262, 2013 U.S. App. LEXIS 722 (6th Cir.), the United States Court of Appeals for the Sixth Circuit held that an insurer breached its policy with an insured contractor when it declined to defend the contractor from a counterclaim… Continue reading Sixth Circuit Holds That Insurer Is Required to Defend Contractor in Claim by Customer, as “Your Work” Exclusion in CGL Policy Is Inapplicable
Insurers Have a Duty to Defend Construction Defect Claims … Maybe.
Robert Thomas – April 18, 2013 Earlier this week, the Intermediate Court of Appeals (ICA) issued an important decision, concluding that insurance companies have a duty to provide a defense for policyholders when they are sued for construction defects. This seems like good news to the insureds. But all is not clear after the court’s… Continue reading Insurers Have a Duty to Defend Construction Defect Claims … Maybe.
Ohio Supreme Court Rules That Claims Of Defective Workmanship Against A Builder Do Not Constitute An Occurrence Under A CGL Policy
Jacob C. Cohn, Joseph A. Arnold and Scott B. Galla – October 23, 2012 On October 12, 2012, the Ohio Supreme resolved a long simmering conflict among Ohio’s intermediate appellate courts by answering the following certified question: Are claims of defective construction/ workmanship brought by a property owner claims for “property damage” caused by an… Continue reading Ohio Supreme Court Rules That Claims Of Defective Workmanship Against A Builder Do Not Constitute An Occurrence Under A CGL Policy
Based on “Other Insurance” Clause, D&O Insurer has no Duty to Defend Suit Covered by General Liability Policy
Wiley Rein LLP – September 11, 2012 The U.S. District Court for the Southern District of New York has held that a directors and officers liability (D&O) insurer had no duty to defend an underlying lawsuit—and thus no duty to share in defense costs with a general liability insurer—where the D&O policy at issue contained… Continue reading Based on “Other Insurance” Clause, D&O Insurer has no Duty to Defend Suit Covered by General Liability Policy