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Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement

In Woodward, L.L.C. v. Acceptance Indemnity Insurance Company, WL 535726 (5th Cir. 2014), the Fifth Circuit Court of Appeals held the insurer had no duty to defend the contractor named as an additional insured under a...more

New Jersey Bill Would Compel Insurers to Cover Faulty Construction Work

The New Jersey Legislature has entered the ongoing national debate about whether faulty construction work is considered an “occurrence” under general liability insurance policies. Introduced on November 25, 2013, A. 4510...more

A Guide To Making O&P Payments On Texas Roof Repairs

Nearly every estimate submitted on behalf of a Texas building owner for the replacement of a commercial roof includes the same last two line items... Originally published in Texas Law360 on December 2, 2013....more

One Year Later, Superstorm Sandy Still Offers Viable Recovery Opportunities for Insurers

The one-year anniversary of Superstorm Sandy serves as a reminder to property insurers that key deadlines are approaching that can directly affect recovery efforts. Viable subrogation opportunities still exist, but carriers...more

The Connecticut Supreme Court, in a Case of First Impression, Holds Negligent Construction Insured Under General Liability Policy

In Capstone Building Corp. v. American Motorists Insurance Co., 67 A.3d 961 (Conn. 2013), the Supreme Court of Connecticut held, in a case of first impression, that commercial general liability insurance policies may cover...more

Connecticut Supreme Court Determines Damage Caused by Unintended Faulty Work Constitutes Property Damage Resulting from an...

Jurisdictions are split over whether defective construction can give rise to an occurrence under commercial general liability insurance policies. Some jurisdictions have held that faulty workmanship cannot constitute the...more

Disclosing Lawsuits To Buyers Of Residential Property

Sellers of existing residential property are required by California law to make various disclosures to a prospective buyer. [See generally Disclosures In Real Property Transactions, published by the California Department of...more

Can an Intervening Insurance Company Sue for Breach of Contract?

If a party in litigation has a default judgment entered against it, can its insurance company still file a motion to intervene and use the same defenses that would have been available to the insured if not procedurally barred...more

Real World - May 2013: Mind the gap – insurance issues for tenant fit-out works

Imagine the following scenario; your company has acquired a lease of a prime piece of real estate to accommodate its fast expanding business. The building’s footprint lies in the heart of the city’s commercial centre. The...more

Capitol Report: Property Insurance Bill Creating Citizens Clearinghouse Passes 2013 Florida Legislature

Committee Substitute for Senate Bill 1770 (CS/SB 1770) passed by the 2013 Florida Legislature creates a “keep-out” clearinghouse to reduce the size and type of exposures insured by Citizens Property Insurance Corporation...more

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

Your CGL and Property Insurance May Not Cover All The Property You Think It Should

Typical CGL policies state that they cover damage to property “to which this insurance applies.” CGL policies commonly exclude from coverage property owned or rented by the insured, property rented by the insured, and...more

North Carolina Legislature Uncovers "Hidden Liens"

Executive Summary: North Carolina implements “lien agent” law for construction projects. The North Carolina General Assembly recently enacted significant changes to North Carolina's mechanics lien laws. These changes...more

Ten things to do in the wake of this past weekend's severe winter weather

The recent severe winter weather left behind legal and financial problems even deeper than the snow. But it may also have presented you with resources for help that you weren't previously aware of. Businesses may wish to act...more

Construction And Procurement Law News- 2012 Fourth Quarter

In this issue: - Ninth Circuit: Underbids Can Constitute False Claims - State Courts Limit CGL Coverage for Property Damage Arising From Defective Construction - Construction Contractor Prevails in...more

Real Estate Alert - New Jersey Enacts New Rebuilding Rules In Response To Superstorm Sandy

The impact of Superstorm Sandy on New Jersey was enormous: nearly 346,000 housing units either destroyed or damaged and 190,000 businesses affected. Sandy demonstrated just how vulnerable to damage much of the low-lying areas...more

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

Crucial Legal Issues in the Recovery from Hurricane Sandy

A massive effort is underway to repair the damage to public and private entities caused by the windstorm and water surge associated with Hurricane Sandy. Once the immediate emergency restoration stage has been completed, the...more

Pinnacle's Limited Impact On California Property Litigation

Originally published in Insurance Law360 on November 2, 2012. The California Supreme Court recently issued an important decision concerning the forum for litigation of construction defect claims. However, as a practical...more

Assignments of Insurance Rights: Kentucky Issues the Most Recent Policyholder Victory

Introduction - In a recent decision, the Supreme Court of Kentucky has held that an anti-assignment clause in an insurance policy that requires the insured to obtain the insurer’s prior written consent before assigning a...more

New York Court Addresses Application of Pending And Prior Exclusion

In its recent decision in Executive Risk Indem., Inc. v Starwood Hotels & Resorts Worldwide, Inc., 2012 NY Slip Op 6183 (N.Y. 1st Dep’t Sept. 18, 2012), New York’s Appellate Division, First Department, had occasion to...more

Should You Guaranty Performance on a Green Project? (Law note)

By now, I hope you know me well enough to know that I’d never, ever say you should make a guaranty of performance, period, let alone guaranty the green performance for a new building. However, sometimes caution has to be...more

Weekly Law Resume - May 17, 2012: Insurance Coverage – Contribution Action – Self Insured Retention

Axis Surplus Insurance Company v. Glenco Insurance Ltd Court of Appeal, Fourth District (April 11, 2012) When an action for equitable contribution is brought by a settling insurer against a non-participating carrier, the...more

Breaking News: Insurance Coverage for "Hidden" Mechanics' and Materialmen's Lien Claims in North Carolina is Disappearing

Even in good economic times, lien claims asserted by subcontractors and material suppliers abound and lead to costly disputes. As in many states, North Carolina’s materialmen’s lien statutes create a system where “hidden” or...more

Construction Attorneys--It Is Time to Check the Box!!

Five years, twenty drafts and hundreds and hundreds of non-billed attorneys later, the Civil and Small Claims Committee of the Judicial Council is recommending the Form Interrogatories - Construction Litigation be adopted and...more

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