Tred R. Eyerly – April 24, 2013 Joining what it called the majority of jurisdictions, the North Dakota Supreme Court found that damage caused by faulty workmanship can be an “occurrence.” K&L Homes, Inc. v. Am. Family Mutual Ins. Co., 2013 N.D. LEXIS 61 (N.D. April 5, 2013). The insured, K&L, was a general contractor… Continue reading North Dakota Court Determines Inadvertent Faulty Workmanship is an “Occurrence”
Tag: faulty workmanship
Framing Of Damages Determines Duty To Defend In Recent New York Case
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
Faulty Workmanship Can Be An Accident
John Berringer – April 22, 2013 After a spate of bad decisions for policyholders on whether general liability policies can ever provide coverage for construction liabilities, three courts, in the past few weeks, have done an about-face, holding that there is coverage in certain circumstances for such liabilities. Relying on the subcontractor exception to the… Continue reading Faulty Workmanship Can Be An Accident
Federal Court Predicts Coverage In Utah for Damage Caused By Faulty Workmanship
Tred R. Eyerly – April 3, 2013 The federal district court predicted that the Utah Supreme Court would find that damage to property other than the insured’s work product is unexpected and arises from an occurrence. Cincinnati Ins. Co. v. AMSCO Windows, 2013 U.S. Dist. LEXIS 15999 (D. Utah Feb. 5, 2013). The insured, AMSCO Windows,… Continue reading Federal Court Predicts Coverage In Utah for Damage Caused By Faulty Workmanship
Update On Coverage For Colorado Construction Defects
Chris Mosley, Katie Varholak, Jay Sturhahn, Brooke Yates and Melissa Regan – February 25, 2013 Over the past few years, we have monitored the efforts of some in the insurance industry to deny coverage for construction defect claims brought by construction professionals. These insurers’ assault on construction professionals began with the Colorado Court of Appeals… Continue reading Update On Coverage For Colorado Construction Defects