Stephen Pudner – July 19, 2013 In an opinion last week that could have far reaching ramifications in the construction industry in the insurance coverage context, the Supreme Court of Georgia ruled that an “occurrence” under a standard Commercial General Liability (CGL) policy may be based on a breach of warranty claim and does not require… Continue reading No Need of Injury to Others’ Property to be an “Occurrence” Under a CGL Insurance Policy
Tag: “Occurrence”
Hawaii District Court Finds Faulty Workmanship not an Occurrence under CGL Policy in Construction Defect Case
Hillary Coombs Jarvis and John P. Swenson – July 5, 2013 In Nautilus Insurance Company v. 3Builders, Inc., Civil No. 11-00303 LEK-RLP, 2013 WL 3223643 (D. Haw. June 24, 2013), the United States District Court for the District of Hawaii, applying Hawaii state law, granted Nautilus Insurance Company’s (“Nautilus”) motion for summary judgment (“Motion”) on… Continue reading Hawaii District Court Finds Faulty Workmanship not an Occurrence under CGL Policy in Construction Defect Case
When Does an “Occurrence” Occur?
Jerome Sturhahn – May 1, 2013 Two federal courts in Denver recently addressed a fundamental question that exists in almost every construction defect case – when did the property damage that gives rise to liability, and the insurer’s obligation, occur? The answer to the question of when the damage occurred helps determine which policy is… Continue reading When Does an “Occurrence” Occur?
Want Coverage for Construction Related Damage? You Need an Occurrence
Christopher G. Hill – February 25, 2013 In reading the title to this post, you are likely thinking “Duh, of course you do, if nothing “occurs” then there is nothing to cover!” (or something to that effect). While this seems an obvious conclusion, we’re talking the world of law, construction and insurance coverage where nothing… Continue reading Want Coverage for Construction Related Damage? You Need an Occurrence