Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonsteel | December 29, 2016 In Navigators Specialty Ins. Co. v. Moorefield Const. (No.G050759, filed 12/27/16), a California appeals court held that the knowing installation of flooring over a vapor-emitting slab was not an accident or occurrence, entitling the insurer to reimbursement of money paid… Continue reading Court Finds No Occurrence for Installation of Defective Flooring and Explains Coverage for Attorney Fee Awards
Tag: “Occurrence”
Is it One ‘Occurrence’ or Many?
Jett Abramson | Property Casualty 360° | November 9, 2016 An emerging trend: treating each alleged defect within a single construction defect suit as a separate occurrence. Much has been written about and litigated regarding the topic of an “occurrence” as it is applied within the four walls of a commercial insurance policy. There was… Continue reading Is it One ‘Occurrence’ or Many?
A Subcontractor’s Defective Work Is an Occurrence: Weedo Wobbles … and Falls Down
Stephen S. Asay | Pillsbury Winthrop Shaw Pittman LLP | September 6, 2016 Since 1979, commercial general liability (CGL) insurers have relied on the New Jersey Supreme Court case of Weedo v. Stone-E-Brick, Inc. and its progeny to argue that a subcontractor’s defective work can never qualify as an “occurrence” under a standard form ISO… Continue reading A Subcontractor’s Defective Work Is an Occurrence: Weedo Wobbles … and Falls Down
Defective Workmanship May Be a Covered Occurrence as Winds of Change Sweep through Iowa
David L. Beck | Pillsbury Winthrop Shaw Pittman LLP | September 19, 2016 Over the past four months, a trio of cases has introduced a policyholder-friendly breath of fresh air to Iowa insurance coverage law as Iowa state and federal courts have found that defective workmanship may constitute a covered occurrence under the plain language… Continue reading Defective Workmanship May Be a Covered Occurrence as Winds of Change Sweep through Iowa
New Jersey Supreme Court Issue Important Decision for Homeowners and Contractors
Wally Zimolong | Supplemental Conditions | August 23, 2016 The lack of insurance coverage for a contractor’s faulty workmanship is the bane of both homeowners looking to recover damage for defective work and contractors seeking to defend against such claims. In many states, like Pennsylvania, courts hold that faulty workmanship is not an “occurrence” that… Continue reading New Jersey Supreme Court Issue Important Decision for Homeowners and Contractors