Tred Eyerly – July 28, 2014 Relying upon precedent from the Texas Supreme Court, the Fifth Circuit upheld the District Court’s denial of coverage based upon the policy’s contractual-liability exclusion. Crownover v. Mid-Continent Cas. Co., 2014 U.S. App. LEXIS 12158 (5th Cir. June. 27, 2014). The Crownovers entered a construction contract with Arrow Development, Inc.… Continue reading Coverage for Construction Defect Barred by Contractual-Liability Exclusion
Tag: insurance claim
Three Strikes on Defective Work Insurance Claim
Stanley A. Martin – July 22, 2014 A federal appeals court recently retired, in short order, a contractor’s insurance claim arising from defective work. The claim arose when scratches were noted on a glass storefront, shortly after installation by one sub but also after preliminary cleaning by another sub, and two days before the store was… Continue reading Three Strikes on Defective Work Insurance Claim
Think Twice About Heading to Court with a Construction Claim
Christopher G. Hill – Construction Law Musings – June 30, 2014 Here at Construction Law Musings, I have discussed many areas of the law relating to construction claims. Most of this discussion has focuses on the claim itself, whether made by breach of contract lawsuit, payment bond claim or mechanic’s lien. The latter two of… Continue reading Think Twice About Heading to Court with a Construction Claim
Offensive Odors and the Pollution Exclusion
Kenneth Kan – June 4, 2014 This blog may appeal to fans (I being one of them) of the almost ubiquitous Sriracha hot sauce. Sriracha has been in the news as of late and is in the center of a controversy over spicy odors emanating from its factory in Irwindale, California where the condiment is produced.… Continue reading Offensive Odors and the Pollution Exclusion
Loss Ensuing from Faulty Workmanship Covered
Tred Eyerly – April 28, 2014 The court found coverage for damage resulting from faulty workmanship. Drury Co. v. Mo. United Sch. Ins. Counsel, 2014 Mo. App. LEXIS 319 (Mo. Ct. App. March 25, 2014). The School District entered a contract with general contractor, Penzel Construction Company, Inc., to build an addition to a high school.… Continue reading Loss Ensuing from Faulty Workmanship Covered