Alabama Supreme Court Decides Faulty Workmanship does not Constitute an Occurrence

Sarah D. Gordon and Harry Lee – September 30, 2013 In Owners Insurance Company v. Jim Carr Homebuilder LLC, No. 1120764, 2013 WL 5298575, at *6, __ So. 3d ___ (Ala. Sept. 20, 2013), the Alabama Supreme Court held that damages stemming from a homebuilder’s construction of a new house did not constitute an occurrence… Continue reading Alabama Supreme Court Decides Faulty Workmanship does not Constitute an Occurrence

New Insurance Case – S.C. Supreme Court: Defective Construction Work Satisfies “Caused by an Occurrence” Requirement in CGL Policy

Scott Turner – September 28, 2013 On Monday, Sept. 25th , the Supreme Court of South Carolina issued its decision in Auto-Owners Ins. Co. v. Rhodes, — S.E.2d —-, 2013 WL 5348381 (2013). It held that the “occurrence” of a collapse of the policyholder’s construction work in one location satisfies the causation part of the… Continue reading New Insurance Case – S.C. Supreme Court: Defective Construction Work Satisfies “Caused by an Occurrence” Requirement in CGL Policy

Wisconsin Supreme Court Narrows Definition of ‘Occurrence’

Burke Coleman – August 7, 2013 Public policy and insurance law allow insurance coverage only for fortuitous events and not for harm or loss resulting from intentional acts. To this end, insurance policies provide coverage when an injury or loss is caused by an “occurrence” which is typically defined as “an accident.”  While coverage disputes… Continue reading Wisconsin Supreme Court Narrows Definition of ‘Occurrence’

Georgia Supreme Court Takes an Expansive View of what Constitutes an Occurrence under CGL Policies

Walter J. Andrews, Lon A. Berk, Lawrence J. Bracken II, John C. Eichman, Robert J. Morrow and Curtis Porterfield – August 7, 2013 On July 12, 2013, the Supreme Court of Georgia confirmed in Taylor Morrison Servs., Inc. v. HDI Gerling Am. Ins. Co., No. S13Q046 (Ga. July 12, 2013), that damage to a builder’s… Continue reading Georgia Supreme Court Takes an Expansive View of what Constitutes an Occurrence under CGL Policies

Georgia Supreme Court Rules Construction Defects Satisfy CGL Policy’s ‘Occurrence’ Requirement

John Hinton, Linda Klein, Fielder Martin and  Ben Shapiro – July 22, 2013 Homeowners sued their homebuilder alleging that the concrete foundations of their homes were improperly constructed. As a result, it was alleged that the foundations were failing, and the defects in the foundations had caused “tangible physical damage” to the homes built atop them. The… Continue reading Georgia Supreme Court Rules Construction Defects Satisfy CGL Policy’s ‘Occurrence’ Requirement

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