Aaron Mandel

Aaron Mandel

Sedgwick LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

West Virginia Reverses Course, Concludes that Faulty Workmanship is Covered Under a CGL Policy

Last week, the Supreme Court of Appeals of West Virginia issued an opinion holding that faulty construction work qualifies as an “occurrence” under a CGL policy if it causes “bodily injury” or “property damage.” Cherrington...more

6/27/2013 - Commercial General Liability Policies Faulty Workmanship Occurrence

First Circuit Permits Insurer to Retain Policy Premiums Despite Rescission

Courts often require insurers to return premiums (or at least offer to return them) when rescinding an insurance policy. Some states may even require it under statute. The reason is that rescission is an equitable remedy...more

5/16/2013 - Damages Fraud Insurers Premiums Rescission

Florida Court Reconfirms that Insurance Policies May be Voided Based on an Insured’s Innocent Misrepresentations

Earlier this week, the Florida District Court of Appeal once again concluded that, where an insurance policy does not impose a stricter standard for voiding insurance policies based on misrepresentations than section 627.409...more

5/3/2013 - Contract Interpretation Misrepresentation Voidable

The “Occurrence” Debate Continues: Pennsylvania and North Dakota Edition

As noted in our previous installment of CDCQ, the “occurrence” issue is one of the most hotly litigated topics in construction defect coverage cases. This last quarter was no exception. Two recent cases addressing this issue...more

4/30/2013 - Construction Defects Construction Disputes Occurrence

Insurers: Does Your Policy Contain a Broadly Worded EIFS Exclusion? If You’re in Washington, You Might Be in Luck!

Recently, Washington courts have issued a number of opinions resolving a variety of issues against insurers. For instance, the Washington Supreme Court presumed that there is no attorney-client privilege in a bad-faith suit...more

4/30/2013 - Commercial Insurance Policies Exclusions Insurers

Introducing Construction Defect Coverage Quarterly, and an Analysis of “Occurrence” in Defect Coverage Actions

Through its recent opinion in Westfield Ins. Co. v. Custom Agri Systems, Inc., 2012 WL 4944305 (Ohio Oct. 16, 2012) (“Westfield”), the Ohio Supreme Court joined the majority of states in holding that faulty construction work...more

2/8/2013 - Commercial General Liability Policies Construction Defects Occurrence Property Damage Subcontractors

Colorado Federal Court Applies Builder’s Risk Exclusion and Policy Endorsement to Preclude Coverage for Underlying Construction...

Even where insureds clear the “property damage” and “occurrence” hurdles to finding coverage for construction defect claims under liability insurance policies, additional coverage obstacles remain. Consider the “business...more

2/8/2013 - Builder's Risk Exclusion Commercial General Liability Policies Construction Defects Homeowners' Association Occurrence Property Damage

Is Defective Construction an “Occurrence”? The Answer Isn’t So Concrete Construction Defect Coverage Quarterly

One of the largest issues litigated in today’s construction defect coverage actions is whether defective construction constitutes an “occurrence” (and therefore, may be covered) under liability insurance policies. Standard...more

2/8/2013 - Commercial General Liability Policies Construction Defects Occurrence Property Damage

Connecticut Supreme Court Caps Self-Insurers’ Uninsured/Underinsured Motorist Coverage

We thought our readers would be interested in this case from Connecticut involving the state’s cap on self-insurers’ liability for un/underinsured motorists. Although the case came down from the Connecticut Supreme Court in...more

11/21/2012

9 Results
|
View per page
Page: of 1