General Business Construction Insurance

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
News & Analysis as of

Florida Appellate Court Rejects Bid to Curb Insureds’ Assignments to Contractors

Many property insurance policies contain terms that prohibit assignment, but Florida law has long deemed those terms inoperative once a loss has occurred. E.g., W. Fla. Grocery Co. v. Teutonia Fire Ins. Co., 74 Fla. 220...more

Construction Alert: Don't Overlook the Importance of Additional Insured Endorsements

Whether you are giving one to someone else or asking for one, you need to use additional insured endorsements (AIE) that give you as much protection as possible and that meet the promises you have made in your contracts. A...more

Eleventh Circuit Case Delivers Big Win for Contractors Seeking Insurance Coverage

The U.S. Court of Appeals for the Eleventh Circuit has issued an important opinion that is good for contractors making claims on general liability policies, and not so good for the insurers issuing those...more

Changes to Florida's Construction Defect Notice Statute

Florida Governor Rick Scott signed a new bill that changes Florida's construction defect notice statute, effective October 1, 2015. Changes to the Florida statute include: (I) an amendment to section 558.001, revising...more

Looking Backward: West Virginia Retroactively Imposes Coverage for Faulty Workmanship

A notorious moving target in the field of coverage litigation is an insurer’s responsibility under a commercial general liability policy for the policyholder’s faulty workmanship. The key question is usually whether the...more

Construction Bonds and Subguard Insurance

In virtually all public projects (and in many private projects), the owner requires the general contractor to post a performance bond and a payment bond. Recently, in some cases, general contractors have obtained...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending June 5 & 12, 2015

REAL PROPERTY UPDATE - Lien Priority: claimant’s judgment lien related back to recording of lis pendens and therefore took priority over competing judgment lien obtained after lis pendens but before entry of claimant’s...more

Montana Supreme Court Affirms Rule Requiring Insurer to Demonstrate Prejudice Resulting from Insured’s Late Notice

On May 29, 2015, the Montana Supreme Court affirmed the application of the notice-prejudice rule in cases of third-party claims for damages. Atlantic Casualty Ins. Co. v. Greytak, 2015 MT 149, OP 14-0412 (Mt. 2015). The rule...more

Missouri Court Clarifies What Constitutes An Ensuing Loss

Last week in Performance Arts Cmty. Improvement Dist. v. ACE Amer. Ins. Co., 2015 WL 3491292, 2015 U.S. Dist. LEXIS 71592 (W.D. Mo., June 3, 2015), a federal court in Missouri shot down an insured’s arguments that a wall...more

Conclusory Allegations Held Insufficient to Support Declaratory Relief on Right to Independent Counsel or Allocation of Defense...

In Centex Homes v. St. Paul Fire & Marine Ins. Co. (No. E060057, filed 5/22/15), a California Court of Appeal held that a developer’s declaratory relief lawsuit seeking a declaration of the right to independent counsel was...more

Indiana Court Nixes Requests for Reinsurance and Reserves

Early last month a federal court in Indianapolis barred a policyholder from seeking the claims and underwriting files of the defendant carrier’s reinsurer in Indianapolis Airport Auth. v. Travelers Property Cas. Co. of Amer.,...more

Construction Case Law Update - May 2015

Contractor/Employee Injury Exclusion under Commercial General Liability Policy - After a worker suffered serious injury at construction site, insurer brought declaratory action seeking judgment that the...more

District of Colorado: “First-Party Claimant” Under State Bad Faith Statute is Not Synonymous With First-Party Bad Faith Under...

Nat’l Union Fire Ins. Co. of Pittsburgh, PA v. Intrawest ULC, et al., No. 13-cv-00079-PAB-KMT, 2015 WL 1326199 (D. Colo. Mar. 20, 2015). The U.S. District Court for the District of Colorado denies an insurer’s motion to...more

Using Drones On Your Construction Project - Are You Ready?

There are many potential uses for drones in the construction industry, such as for site selection, surveying, and real-time work inspections. If you are thinking about using a drone in your construction operations, there are...more

Food for Thought – Ten Post ADCNC Construction Defect meeting comments on “the system” by CD practitioners

The process still works if everyone cooperates. That means plaintiffs, developers, subcontractors and insurance companies. A breakdown exists in the following areas: Plaintiffs are not being uniformly required to...more

Federal District Court Holds that General Contractor’s Failure to Provide Notice of Default Does Not Preclude Recovery on...

Curtiss-Manes-Schulte, Inc. v. Safeco Insurance Company, 2015 U.S. Dist. LEXIS 10032 (W.D. Mo. 2015) - This dispute between a general contractor and its subcontractor’s performance bond surety arose out of a renovation...more

Court Precludes Discovery Of Reinsurance Information In Airport Construction Insurance Coverage Dispute

In a construction loss coverage litigation brought by Indianapolis Airport Authority (IAA) against its builders risk insurer, Travelers Property Casualty Company, IAA unsuccessfully attempted to issue a subpoena to...more

Construction Case Law Update - April 2015 #2

Commercial General Liability Policies; “Injury-in-fact” vs. “Manifestation” as Trigger for Coverage; “Your Work” Exception – A CGL policy’s “Your Work” exclusion precludes coverage for defective installation when no damage...more

The Eleventh Circuit Holds that for Sinkhole Losses, Structural Damage ? Any Damage to a Structure

The land in Florida is prone to sinking and insurance companies must often scramble for solid footing on which to anchor the scope of coverage for sinkhole losses. In Hegel v. First Liberty Insurance Corporation (11th Cir....more

Construction Case Law Update - April 2015

The fraud statute of repose does not bar fraud claims when the jury finds no evidence of the plaintiff’s reliance during the repose period, because it is the defendant’s last action or omission that triggers the fraud repose...more

Anatomy of an Indemnity Provision - Construction Practice Newsletter

Indemnity clauses are one of the most negotiated (and litigated) provisions in a construction contract. - They’re also one of the least understood. - But we’re here to dissect it for you, so to speak. ...more

Pennsylvania Court Holds Faulty Workmanship Not an Occurrence

In its recent decision in Nat’l Fire Ins. Co. v. Gabe’s Constr. Co., 2015 U.S. Dist. LEXIS 37533 (M.D. Pa. Mar. 25, 2015), the United States District Court for the Middle District of Pennsylvania, applying Wisconsin law, had...more

7th Circuit Rules That Title Insurer Is Not Liable for Construction Liens Resulting From Lender’s Failure to Fund

The 7th Circuit has ruled that a lender is not insured by a title company for liens that arise after a construction loan became significantly out of balance and the lender stopped funding. In BB Syndication Services, Inc v....more

Dallas Appeals Court Renders Take-Nothing Judgment for Insurer in Construction Defect Case

In Dallas National Insurance Co. v. Calitex Corp., —S.W.3d—, 2015 WL 968308 (Tex. App.—Dallas Mar. 3, 2015, no pet. h.), the Dallas Court of Appeals reversed a trial court judgment finding coverage for almost $700,000 in...more

Construction Case Law Update - March 2015 #2

Sinkholes; “Structural Damage” – When undefined in a homeowner’s insurance policy, “structural damage” caused by a sinkhole is best defined as “damage that impairs the structural integrity of the building.” Homeowners argued...more

289 Results
|
View per page
Page: of 12

Follow General Business Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×