Tred R. Eyerly | Insurance Law Hawaii Reversing the trial court, the Wisconsin Court of Appeals found the insurer must defend a cross-claim against the insured owner of a building after an explosion occurred. LBC, LLC v Spectrum Brands, Inc., 2023 Wis. App. LEXIS 1251 (Wis. Ct. App, Nov. 30, 2023). LBC… Continue reading Finding an “Occurrence,” Appellate Court Rules Insurer Must Defend
Tag: Occurrence
Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage
Tred R. Eyerly | Insurance Law Hawaii The Illinois Supreme Court found that the underlying allegations addressing construction defects were sufficient to establish “property damage” caused by an “occurrence.”Acuity v. M/I Homes of Chicago, LLC, 2023 Ill. LEXIS 1019 (Ill. Nov. 30, 2023). M/I Homes was the general contractor for a… Continue reading Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage
Illinois Joins the Pack on Defective Construction as an Occurrence
Anna M. Perry | Saxe Doernberger & Vita Illinois joins the majority of states finding “property damage that results inadvertently from faulty work can be caused by an ‘accident’ and therefore constitute an ‘occurrence’.” The Illinois Supreme Court’s ruling in Acuity v. M/I Homes of Chicago, LLC1 (“Acuity v. M/I Homes”) is the first high court ruling… Continue reading Illinois Joins the Pack on Defective Construction as an Occurrence
Washington Supreme Court Holds Certain Hybrid Occurrence/Claims-Made and Reported Policies May Violate Public Policy
Campbell Stuart | Cozen O’Connor “We cannot enforce insurance provisions that render coverage so narrow it is illusory.”[1] The Washington Supreme Court used this reasoning to hold that a contractor’s commercial general liability policy was unenforceable where it required that an “occurrence” occur and a claim be made and reported to the insurer in the… Continue reading Washington Supreme Court Holds Certain Hybrid Occurrence/Claims-Made and Reported Policies May Violate Public Policy
Words Matter: a Series of Leaks Constitutes a Single Occurrence Under Particular Policy Language
Thais Passerieu | Butler Weihmuller Katz Craig In a recent decision from the United States District Court for the Middle District of Florida, Tampa Division, styled KT State & Lemon, LLP et al. v. Westchester Fire Ins. Co. et al.,[1] the Court granted summary judgment to the Plaintiffs and held that a series of leaks occurring over… Continue reading Words Matter: a Series of Leaks Constitutes a Single Occurrence Under Particular Policy Language