Stevi Siber-Sanderowitz (Raab)

Stevi Siber-Sanderowitz (Raab)

Sedgwick LLP

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Is Defective Construction an “Occurrence”? More States Are Answering Yes

Last year, we examined the different approaches states have adopted to resolve whether defective construction by itself is an “occurrence” within the meaning of liability insurance policies. See Is Defective Construction...more

5/28/2014 - Commercial General Liability Policies Construction Contracts Construction Defects Construction Disputes Construction Workers Occurrence

What’s in Store for New Jersey in 2014? Super Bowl XLVIII and Legislation Addressing the “Occurrence” Issue in the Construction...

The New Year might bring more to New Jersey than just the Super Bowl. Indeed, on November 25, 2013, the legislature introduced a bill before the New Jersey State Assembly, which, if enacted, would require general liability...more

1/3/2014 - Commercial General Liability Policies Construction Defects Construction Disputes Faulty Workmanship Legislative Agendas Occurrence

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

Insurance Coverage Issues for Green-Related Building Projects

Kermit the Frog once famously lamented that “it’s not easy being green.” Well, we hate to break it to you, Kermit, but that’s not exactly true anymore. As it turns out, being green is now all the rage, especially in the...more

4/30/2013 - Exclusions Green Buildings Pollution Exclusion Professional Service Exclusion Property Damage

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

Pennsylvania Court Finds No Coverage for Construction Defect Claims Under General Liability Policies

In the case of American Home Assurance Co. v. Trumbull Corp., No. GD-11-006886 (Ct. Com. Pl. Allegheny County, Oct. 10, 2012), the court granted summary judgment in favor of two excess general liability insurers on a matter...more

12/12/2012 - Construction Defects Faulty Workmanship Liability Insurance

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