Tanya M. Murray | Plunkett Cooney San Bernardino County v. The Ins. Co. of The State of PennsylvaniaCase No. 5:21-cv-01978-PSG-JEM (D. Cal. May 16, 2023) The U.S. District Court for the Central District of California granted in part, and denied in part, the parties’ cross motions for summary judgment. At issue between the parties, San… Continue reading Duty to Defend, Number of Occurrences and Aggregate Limits of Liability – U.S. District Court for the Central District of California (California Law)
Tag: Occurrences
Number of “Occurrences” for Determining Policy Limits in California Construction Defect Cases
Kelly Smith | Snell & Wilmer Insurance policies generally have different policy limits depending on the number of “occurrences.” For example, the amount of money recoverable under an insurance policy may be $5 million per occurrence with a $20 million aggregate limit. Therefore, when determining policy limits, deductible liability or considering settlement in a construction… Continue reading Number of “Occurrences” for Determining Policy Limits in California Construction Defect Cases
Michigan Supreme Court Holds a Contractor’s Defective Work Is an ‘Occurrence’
Scott R. Murphy and Anthony C. Sallah | Barnes & Thornburg In Skanska USA Building v M.A.P Mechanical Contractors, Inc., Docket No. 159510, ____ Mich ____, 2020 WL 3527909, the Michigan Supreme Court found that a subcontractor’s inadvertent faulty work may constitute an “accident” under Michigan law, and therefore constitute an accidental “occurrence” under current standard form… Continue reading Michigan Supreme Court Holds a Contractor’s Defective Work Is an ‘Occurrence’
Inadvertent Construction Defects Are an ‘Occurrence’ Under the CGL Insurance Policy
Clifford J. Shapiro | National Law Review Whether property damage caused by defective construction work constitutes an accidental “occurrence” under the standard form Commercial General Liability (CGL) insurance policy is now highly dependent on which state’s law applies. Determining which state’s law applies to a particular construction defect claim is therefore critical and often outcome… Continue reading Inadvertent Construction Defects Are an ‘Occurrence’ Under the CGL Insurance Policy
CGL Coverage and Coronavirus: Is Causing Exposure an “Occurrence”?
Randy Maniloff and Margo Meta | White and Williams There is only one thing that can be said for sure about the extent of consequences — human and economic — of the new coronavirus outbreak. Nobody knows. But, as things stand now, minor, and even moderate, have left the barn. History shows that, in the… Continue reading CGL Coverage and Coronavirus: Is Causing Exposure an “Occurrence”?