Eric M. Gold | Pillsbury Winthrop Shaw Pittman LLP | April 16, 2018 It is axiomatic that in order to obtain insurance coverage a policyholder must first establish that a claim falls within a policy’s insuring agreement before coverage under the policy is triggered. For construction claims brought under CGL policies, that frequently means showing… Continue reading Another Appellate Court Holds that Faulty Work Constitutes an Occurrence – This Time Under New York Law
Tag: “Occurrence”
CA Supreme Court Set to Rule on Important Occurrence Issue Certified by Ninth Circuit
William S. Bennett | Saxe Doernberger & Vita PC | March 9, 2018 The California Supreme Court recently heard oral arguments over whether an insurer is required to cover allegations that a builder negligently failed to supervise an employee who sexually assaulted a middle school student while working at the student’s school. The question was… Continue reading CA Supreme Court Set to Rule on Important Occurrence Issue Certified by Ninth Circuit
California Court Holds Insured’s Activities Not an Occurrence
Traub Lieberman | January 9, 2018 In its recent decision in Henstooth Ranch LLC v. Burlington Ins. Co., 2018 U.S. Dist. LEXIS 1176 (N.D. Cal. Jan. 3, 2018), the United States District Court for the Northern District of California had occasion to consider whether an insured’s land restoration activities constituted an “occurrence” for the purpose of… Continue reading California Court Holds Insured’s Activities Not an Occurrence
When Should an Accident be an Accident?
Charles P. Edwards | Barnes & Thornburg LLP | November 27, 2017 Standard commercial general liability (CGL) insurance policies provide coverage for damages the policyholder is legally obligated to pay because of property damage or bodily injury caused by an “occurrence.” CGL policies typically define “occurrence” as an “accident.” Courts define an accident as “an… Continue reading When Should an Accident be an Accident?
Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues
Garret Murai | California Construction Law Blog | November 13, 2017 I read once that 97 percent of cases never go to trial. However, there are still the ones that do. And, then, there are the ones that do both. The following case, Global Modular, Inc. v. Kadena Pacific, Inc., California Court of Appeals for the Fourth District,… Continue reading Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues