Jonathan Bruce | HFW We have recently seen a further eyebrow raising decision on LEG 3 (a defects exclusion/write back) under a Construction All Risks (“CAR”) policy coming out of the US, the second in only three months. These will attract some attention for insurance market participants in other jurisdictions because of the dearth of… Continue reading LEG 3 – Has America sneezed?
Tag: insurance coverage
Court Finds Policy Term, “Windstorm,” to be Ambiguous in Coverage Dispute Involving Tornado
Paul Ferland and Joshua Tumen | Property Insurance Law Observer In Mankoff v. Privilege Underwriters Reciprocal Exchange (2024 WL 322297 (Tex. App.—Dallas Jan. 29, 2024)), the Court determined that the term “windstorm” was ambiguous as utilized in the subject insurance policy. The insureds suffered property damage caused by a tornado and subsequently submitted a claim to their… Continue reading Court Finds Policy Term, “Windstorm,” to be Ambiguous in Coverage Dispute Involving Tornado
If a Defect Occurs During Construction, Is It an “Occurrence?”
Brendan J. Witry | The Dispute Resolver Establishing insurance coverage for construction defects is almost as important as establishing liability in the underlying construction defect litigation itself. The risk to the defendant contractor of defending a construction claim can place significant burdens on a contractor’s operations and an uninsured judgment might even put the contractor… Continue reading If a Defect Occurs During Construction, Is It an “Occurrence?”
Insurer’s Motion for Judgment on the Pleadings for Construction Defect Claim Rejected
Tred R. Eyerly | Insurance Law Hawaii The magistrate judge recommended that the insurer’s motion for judgment on the pleadings be denied in a case involving coverage for the insured subcontractor’s alleged faulty workmanship. Evanston Ins. Co. v. Sonny Glasbrenner, Inc., 2023 U.S. Dist. LEXIS 190019 (M.D. Fla. Oct. 20, 2023). Cone… Continue reading Insurer’s Motion for Judgment on the Pleadings for Construction Defect Claim Rejected
Court Issues First LEG3 Defects Exclusion Decision
Joshua Tumen and Paul Ferland | Property Insurance Law Observer Introduction In a case of first impression, the United States District Court for the District of Columbia (applying Illinois law) rejected a LEG3 exclusion as ambiguous. See S. Capitol Bridgebuilders “SCB” v. Lexington Ins. Co., 2023 U.S. Dist. LEXIS 176573 (D.D.C. Sep. 29, 2023). The London Engineering… Continue reading Court Issues First LEG3 Defects Exclusion Decision