Max J. Louik and Alexa L. Austin | The Policyholder Perspective Conditions Precedent to Coverage Insurance policies typically are subject to certain conditions precedent to coverage. As the name suggests, conditions precedent to coverage are obligations placed on the insured that, in the normal case, must be complied with in order for coverage to attach. Take… Continue reading Conditions to Coverage May Be More Conditional Than You Thought
Tag: insurance coverage
Where There’s Smoke, Is There Coverage? A Closer Look at Bottega, LLC v. National Surety and Gharibian v. Wawanesa
Rachel E. Hudgins and Scott P. DeVries | Hunton Insurance Recovery Blog For policyholders, insurance is meant to provide peace of mind—a promise that when disaster strikes, they’ll have financial support to rebuild and recover. But as two recent cases show, the question of what qualifies as covered “direct physical loss or damage” can lead… Continue reading Where There’s Smoke, Is There Coverage? A Closer Look at Bottega, LLC v. National Surety and Gharibian v. Wawanesa
Court Denies Developer Insurance Coverage to Repair Defective Construction
Paul Ferland and Joshua Tumen | Cozen O’Connor In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the hard costs associated with repairing a defective concrete slab because the insured… Continue reading Court Denies Developer Insurance Coverage to Repair Defective Construction
Understanding Insurance Disputes in Construction Defect Litigation: A Review of Acuity v. Kinsale
David McLain | Higgins, Hopkins, McLain & Roswell Construction projects are inherently complex, and insurance coverage plays a crucial role in managing risks, especially when unforeseen issues arise. The case of Acuity v. Kinsale demonstrates the tangled web of insurance obligations, especially when multiple insurers provide coverage for a single event. This case, involving Monarch Stucco, Inc.,… Continue reading Understanding Insurance Disputes in Construction Defect Litigation: A Review of Acuity v. Kinsale
The First Circuit Court of Appeals Weighs in on CGL Coverage for Allegedly Defective Subcontractor Work (Or Does It?)
Eric Eisenberg, Robert Ferguson Jr. and Alexandra Gordon Briggs | Hinckley Allen You, a general contractor, receive a notice of claim on a building you finished years ago. The Owners allege: (1) damage to the underground pipes due to the settlement of the foundation/backfill; and (2) water damage to interior spaces due to defects in… Continue reading The First Circuit Court of Appeals Weighs in on CGL Coverage for Allegedly Defective Subcontractor Work (Or Does It?)