Ashley Smith – August 19, 2013 New Jersey insureds seeking coverage for negligent repair efforts after SuperStorm Sandy could be out of luck. The Superior Court of New Jersey, Appellate Division, recently found in Margalit v. Woods Restoration Services, LLC and Chubb Insurance Company of New Jersey,1 an exclusion in the insurance policy for “faulty planning,… Continue reading New Jersey Insurers May Not Be On The Hook For Faulty Workmanship
Tag: faulty workmanship
Georgia Supreme Court Takes an Expansive View of what Constitutes an Occurrence under CGL Policies
Walter J. Andrews, Lon A. Berk, Lawrence J. Bracken II, John C. Eichman, Robert J. Morrow and Curtis Porterfield – August 7, 2013 On July 12, 2013, the Supreme Court of Georgia confirmed in Taylor Morrison Servs., Inc. v. HDI Gerling Am. Ins. Co., No. S13Q046 (Ga. July 12, 2013), that damage to a builder’s… Continue reading Georgia Supreme Court Takes an Expansive View of what Constitutes an Occurrence under CGL Policies
Hawaii District Court Finds Faulty Workmanship not an Occurrence under CGL Policy in Construction Defect Case
Hillary Coombs Jarvis and John P. Swenson – July 5, 2013 In Nautilus Insurance Company v. 3Builders, Inc., Civil No. 11-00303 LEK-RLP, 2013 WL 3223643 (D. Haw. June 24, 2013), the United States District Court for the District of Hawaii, applying Hawaii state law, granted Nautilus Insurance Company’s (“Nautilus”) motion for summary judgment (“Motion”) on… Continue reading Hawaii District Court Finds Faulty Workmanship not an Occurrence under CGL Policy in Construction Defect Case
Alabama Supreme Court Affirms Summary Judgment In Favor Of Insurer Where Policyholders Cannot Demonstrate That Faulty Workmanship Claims Constitute Occurrences Under Policy
Hillary Coombs Jarvis and Jill C. Maguire – May 28, 2013 In Shane Traylor Cabinetmaker, L.L.C. et al. v. American Resources Insurance Co., No. 1110418, 2013 Ala. LEXIS 42 (Ala. May 3, 2013), the Alabama Supreme Court affirmed summary judgment in favor of insurer American Resources because its policyholders did not establish that faulty workmanship… Continue reading Alabama Supreme Court Affirms Summary Judgment In Favor Of Insurer Where Policyholders Cannot Demonstrate That Faulty Workmanship Claims Constitute Occurrences Under Policy
Third Circuit Follows Pennsylvania Law – Damage Caused by Faulty Workmanship Does Not Arise From An Occurrence
Tred R. Eyerly – May 1, 2013 The Third Circuit followed Pennsylvania law in determining that damage caused by faulty workmanship did not arise from an occurrence. Zurich Am. Ins. Co. v. R. M. Shoemaker Co., 2013 U.S. App. LEXIS 6093 (3d Cir. March 27, 2013). The County sued R. M. Shoemaker, alleging faulty construction… Continue reading Third Circuit Follows Pennsylvania Law – Damage Caused by Faulty Workmanship Does Not Arise From An Occurrence