Larry P. Schiffer | Insurance and Reinsurance Disputes Blog The faulty workmanship exclusion precludes coverage where the claimed damage is caused by or resulting from an act, error or omission (negligent or not) that relates to the design, specifications, construction, materials or workmanship. Can coverage nevertheless be restored by the resulting-loss exception to the exclusion? … Continue reading Resulting-Loss Exception Does Not Restore Coverage For Faulty Workmanship
Tag: faulty workmanship
Anti-concurrent Clause and Faulty Workmanship Exclusion
Larry P. Schiffer | Squire Patton Boggs Anti-concurrent clauses preclude coverage even where the loss is partially caused by a covered cause of loss. This clause received considerable attention in hurricane-related coverage litigation following Hurricane Katrina. In a recent case, the Eighth Circuit Court of Appeals addressed the anti-concurrent clause in the context of damage… Continue reading Anti-concurrent Clause and Faulty Workmanship Exclusion
Contractor Can’t Blame Inspector Who Failed to Note Non-Compliant Work
Stanley A. Martin | Commonsense Construction Law An electrical contractor was supposed to run power cables through conduit, but elected on its own to run about 40% of the power cable with flexible metal-clad (MC) cable, without conduit. For a large portion of the project, Army Corps of Engineers inspectors made no comment about use… Continue reading Contractor Can’t Blame Inspector Who Failed to Note Non-Compliant Work
Some Insurers Dismissed, Others Are Not in Claims for Faulty Workmanship
Tred R. Eyerly | Insurance Law Hawaii The insured Developer survived a motion to dismiss by one of several carriers who were asked to defend against claims for faulty workmanship. East 111 Assoc. LLC v. RLI Ins. Co., 2019 N.Y. Misc. LEXIS 5331 (Oct. 4, 2019). Developers sponsored a residential condominium project… Continue reading Some Insurers Dismissed, Others Are Not in Claims for Faulty Workmanship
Contractor Entitled to Defense for Alleged Faulty Workmanship of Subcontractor
Tred R. Eyerly | Insurance Law Hawaii Applying Nevada law, the Federal District Court in Florida found that the general contractor was entitled to a defense of claims based upon alleged faulty workmanship of a subcontractor. KB Home Jacksonville LLC v. Liberty Mutual Fire Ins. Co, 2019 U.S. Dist. LEXIS 151235 (M.D. Fla. Sept… Continue reading Contractor Entitled to Defense for Alleged Faulty Workmanship of Subcontractor