Fifth Circuit Requires Causal Distinction for Ensuing Loss Exception to Faulty Work Exclusion

Avery J. Cantor and William S. Bennett | Saxe Doernberger & Vita In Balfour Beatty v. Liberty Mutual Ins. Co., the 5th Circuit Court of Appeals provided valuable insight on coverage available through ensuing loss exceptions to faulty work and design exclusions in builder’s risk insurance policies. In Balfour Beatty, the Court held that, in order to establish… Continue reading Fifth Circuit Requires Causal Distinction for Ensuing Loss Exception to Faulty Work Exclusion

Fifth Circuit Holds That Ensuing Loss Provision of Builders’ Risk Policy Requires Two Separate Events to Qualify for the Construction Exclusion Carve-Out

Benjamin Stearns | PropertyCasualtyFocus In Balfour Beatty Construction, LLC v. Liberty Mutual Fire Insurance Company, No. 19-20216 (August 3, 2020), the Fifth Circuit determined that Liberty Mutual’s policy does not cover a construction company’s claim for window damage to a skyscraper caused by a subcontractor’s welding because the policyholder failed to show the damage resulted from… Continue reading Fifth Circuit Holds That Ensuing Loss Provision of Builders’ Risk Policy Requires Two Separate Events to Qualify for the Construction Exclusion Carve-Out

Defective Construction and Ensuing Loss Provision

Chip Merlin | Property Insurance Coverage Law Blog | April 4, 2017 A public adjuster called with a common situation—a property loss occurred during repair and the insurance company had initially denied the claim, saying that the loss was from defective construction. The smart public adjuster thought the property damage caused in part by defective… Continue reading Defective Construction and Ensuing Loss Provision

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