David Humphreys | Carson Law Group One of the risks faced by a residential builder is that, following completion of construction, the homeowner may assert a claim against the builder for damage to the home caused by an alleged construction defect. One of the ways a builder manages the risk of such construction defect claims… Continue reading What if the “Your Work” Exclusion is Inapplicable? ISO Classification and Construction Defect Claims
Tag: “Your Work” Exclusion
Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion
Nathan Cazier and Scott Thomas | Payne & Fears The United States Court of Appeals for the Fifth Circuit recently confirmed that liability insurers have a duty to defend their insureds in construction defect cases when the underlying complaint alleges damage to property beyond the product and work of the insured – even if the… Continue reading Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion
Fifth Circuit – – Damage to Property Beyond Insured’s Product/Work Not Precluded By ‘Your Product/Your Work Exclusion’
Anthony L. Miscioscia and Marianne Bradley | White and Williams On January 11, 2022, the United States Court of Appeals for the Fifth Circuit issued its decision in Siplast, Incorporated v. Employers Mutual Casualty Company, 2022 U.S. App. LEXIS 795 (5th Cir. Jan. 11, 2022), finding that an insurer had a duty to defend its insured… Continue reading Fifth Circuit – – Damage to Property Beyond Insured’s Product/Work Not Precluded By ‘Your Product/Your Work Exclusion’
“Your Work” Exclusion Bars Coverage
Tred R. Eyerly | Insurance Law Hawaii Although the appellate court agreed there was property damage caused by an occurrence, the “your work” exclusion barred the insured contractor’s claim. King’s Cove Marina, LLC v. Lambert Commercial Construction. LLC, 2019 Minn. App. LEXIS 389 (Minn. Ct. App. Dec. 16, 2019). King’s Cover Marina… Continue reading “Your Work” Exclusion Bars Coverage
Insurer Incorrectly Relies Upon “Your Work” Exclusion to Deny Coverage
Tred R. Eyerly | Insurance Law Hawaii | May 8, 2019 The Eleventh Circuit reversed the district court’s determination that there was no coverage based upon the policy’s “your work” exclusion. Southern-Owners Ins. Co. v. Mac Contractors of Fla, LLC, 2019 U.S. App. LEXIS 10689 (11th Cir. April 11, 2019). Mac Contractors… Continue reading Insurer Incorrectly Relies Upon “Your Work” Exclusion to Deny Coverage