Heidi Hudson Raschke | PropertyCasualtyFocus | January 29, 2016 When a property insurance policy covers a multi-story building or multi-building property, and a portion sustains damage, there is often a question regarding the extent to which undamaged property should be replaced to ensure matching and/or aesthetic uniformity throughout the property. In Great American Insurance Company… Continue reading Coverage for Direct Physical Loss Does Not Necessarily Include “Matching” or Require “Aesthetic Uniformity”
Tag: insurance claim
Indemnity Provision Provides Relief to Contractor; Additional Insured Provision Does Not
Tred R. Eyerly | Insurance Law Hawaii | December 23, 2015 The court found that the contractor was entitled to relief under the contractual indemnity provision, but not the policy’s additional insured clause. Chatelain v. Fluor Daniel Constr. Co., 2015 La. App. LEXIS 2257 (Ct. App. La. Nov. 10, 2015). Following Hurricanes Katrina and Rita, FEMA… Continue reading Indemnity Provision Provides Relief to Contractor; Additional Insured Provision Does Not
Coverage Found for Faulty Workmanship Damaging Other Property
Tred R. Eyerly | Insurance Law Hawaii | January 4, 2016 The district court found that under Illinois law, the damage caused by the insured’s faulty workmanship to portions of building beyond the scope of its own work was covered under a CGL policy. Westfield Ins. Co. v. Nat’l Decorating Serv., 2015 U.S. Dist. LEXS 159140… Continue reading Coverage Found for Faulty Workmanship Damaging Other Property
#2 – Subcontractor must Pay for General Contractor Defense, Including its Litigation Mistakes, after Ignoring General Contractor’s Tender Under Express Indemnity Provision
Graham C. Mills | Newmeyer & Dillion, LLP A recent decision by the Court of Appeal, Valley Crest Landscape Development, Inc. v. Mission Pools of Escondido (2015) 238 Cal.App.4th 468, reinforces the right of a general contractor to defense and indemnity by a subcontractor when the parties have contractually allocated risk to the subcontractor. To… Continue reading #2 – Subcontractor must Pay for General Contractor Defense, Including its Litigation Mistakes, after Ignoring General Contractor’s Tender Under Express Indemnity Provision
#3 – No Escape: California Court of Appeals Gives a Primary CGL Insurer’s “Other Insurance” Clause Two Thumbs Down
Yas Omidi | California Construction Law Blog | November 30, 2015 “No Escape” is a 2015 action movie starring Pierce Brosnan and Owen Wilson (that’s right, Owen Wilson) and which the folks at rogerebert.com described as “a dreadful…would-be thriller” and “low-grade trash.” It’s also, in short, the California Court of Appeal’s answer to a primary… Continue reading #3 – No Escape: California Court of Appeals Gives a Primary CGL Insurer’s “Other Insurance” Clause Two Thumbs Down