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
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
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
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
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