Tred R. Eyerly | Insurance Law Hawaii The court determined that the insurer improperly denied a defense for construction defect claims made against the insured. Amerisure Mut. Ins. Co. v. McMillin Tex. Homes, 2022 U.S. Dist. LEIS 40363 (W.D. Texas March 8, 2022). McMillin was a developer, general contractor and home seller. It… Continue reading Insurer Must Defend Faulty Workmanship Claims
Tag: faulty workmanship
Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered by CGL Policies
Nathan Cazier and Scott Thomas | Payne & Fears The construction industry operates under the constant spectre of claims seeking damages for defective or faulty workmanship. Fortunately, the law in most states treats these claims as covered under commercial general liability (“CGL”) policies. A small minority of states take a much stingier view. In a… Continue reading Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered by CGL Policies
Michigan Court of Appeals Remands Construction Defect Case
Tred R. Eyerly | Insurance law Hawaii After its prior decision holding there was no coverage for faulty workmanship was remanded by the Michigan Supreme Court, the Court of Appeals remanded to the trial court. Skanska United States Bldg. v. M.A.P. Mech. Contrs., 2021 Mich. App. LEXIS 7336 (Mich. Ct. App. Dec. 28,… Continue reading Michigan Court of Appeals Remands Construction Defect Case
Court Of Appeals Clarifies That Expert Testimony Required in Nearly All Faulty Construction Cases
Joseph Davies | Smith Debnam Narron Drake Saintsing & Myers In a recent decision touching on many interesting issues, North Carolina’s Court of Appeals effectively determined that, in all but the most obvious cases, expert testimony is required to establish a failure to perform construction in a workmanlike fashion. Small Claims Court to Court of… Continue reading Court Of Appeals Clarifies That Expert Testimony Required in Nearly All Faulty Construction Cases
Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey To Specify Coverage For “Faulty Workmanship”
John S. Prisco | Stark & Stark Assemblyman Gary S. Schaer of New Jersey’s 36th District introduced a proposed bill, A.B. 1075, that would require all commercial liability insurance policies issued in New Jersey to include “faulty workmanship” within the definition of “occurrence.” The proposed bill “provides that a commercial liability insurance policy shall not be… Continue reading Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey To Specify Coverage For “Faulty Workmanship”