Gabrielle T. Kelly | Brouse McDowell | September 22, 2017 Good news for businesses in the construction industry: South Dakota has become the latest jurisdiction to hold that construction defect claims are covered by commercial general liability (CGL) policies. In Owners Insurance Company v. Tibke Construction, Inc., et al., the South Dakota Supreme Court held that… Continue reading Insurance Coverage for Construction Defect Claims
Tag: “Occurrence”
Collapse of Improperly Built Deck Not An Occurrence
Tred Eyerly | Insurance Law Hawaii | August 16, 2017 The court found that the insured’s faulty construction of an outside deck did not arise from an occurrence. Employers Mut. Cas. Co. v. West, 2017 U.S. Dist. LEXIS 113951 (N.D. Miss. July 21, 2017). D.L. Action Construction Company (DLA) constructed multifamily dwellings. They were sued by… Continue reading Collapse of Improperly Built Deck Not An Occurrence
Seventh Circuit Confirms Additional Insured’s Coverage for Alleged Construction Defects
Tred Eyerly | Insurance Law Hawaii | August 9, 2017 The Seventh Circuit held that the underlying complaint alleged an occurrence by asserting that the painting subcontractor was negligent in causing damage to the building. Westfield Ins. Co. v. Nat’l Decorating Serv., Inc., 2017 U.S. App. LEXIS 12516 (7th Cir. July 13, 2017). McHugh Construction, the… Continue reading Seventh Circuit Confirms Additional Insured’s Coverage for Alleged Construction Defects
Insurance Coverage for Property Damage Caused by Defective Workmanship
James D. Hollyday | Pepper Hamilton LLP | April 2017 One of the principal points of contention between insurers and insureds is whether defective construction work is, or can be, an occurrence, thereby triggering coverage. The New Jersey Supreme Court has joined a growing number of jurisdictions holding that commercial general liability (CGL) insurance policies… Continue reading Insurance Coverage for Property Damage Caused by Defective Workmanship
Faulty House Inspection did not Cause Property Damage 11th Cir, Florida
Jody Nathan | Reinsurance Law Blog | April 19, 2017 In Auto-Owners Insurance Co. v. Ralph Gage Contracting Inc., the Kjellanders sued Gage after he inspected a house they wanted to buy and gave it a positive report. The Kjellanders claimed the house had mold and a bad HVAC system, and they wouldn’t have bought… Continue reading Faulty House Inspection did not Cause Property Damage 11th Cir, Florida