Construction Insurance

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Supreme Court of Texas Rules Installation of Faulty Product Not Covered by Standard CGL Policy

In U.S. Metals, Inc. v. Liberty Mutual Group, Inc., No. 14-0753, 2015 Tex. LEXIS 1081 (Tex. Dec. 4, 2015) the Supreme Court of Texas ruled that installation of a faulty component does not cause physical injury to the...more

Construction Case Law Update - January 11, 2016

CGL Policies, Supplemental Payment Provision, and Attorney’s Fees - A contractor’s commercial general liability insurer appealed a final judgment in favor of homeowners that damages awarded to them in a construction defect...more

New York Court Holds Insurer Timely Disclaimed Coverage on Basis of Classification Limitation

In its recent decision in Black Bull Contr., LLC v Indian Harbor Ins. Co., 2016 NY Slip Op 00002 (1st Dep’t Jan. 5, 2016), the Supreme Court of New York, Appellate Division, First Department, had occasion to consider whether...more

Arise and Exclude: Artful Pleading Fails to Circumvent Contractual Liability Exclusion

It’s not uncommon for plaintiffs to couch their pleadings in terms that attempt to avoid exclusions in defendants’ liability coverage. The plaintiffs in Bond Safeguard Ins. Co. v. National Union Fire Ins. Co. of Pittsburgh,...more

Insurance News, December 2015

Schaeffler Holding, LLP v. United States, No. 14-1965, 2015 WL 6874979 (2d Cir. 2015) - Generally speaking, the “common interest doctrine” is an “exception to the general rule that voluntary disclosure of confidential,...more

Negligence – Premises Liability – Property Owner Not Liable For Painter’s Accident – No Evidence of Negligence by the Property...

Tomas Vebr v. Gary A. Culp et al. - Court of Appeal, Fourth Appellate District (October 28, 2015) - Workers’ compensation insurance is required for issuance of a contractor’s license in California pursuant to...more

No Contractor Is An Island: Florida Court Narrowly Applies “Your Work” Exclusion

When an insurer issues a Commercial General Liability policy to a contractor, the policy typically excludes coverage for the cost of repairing or replacing the contractor’s own defective work, but covers the cost of repairing...more

Florida Court Holds No Duty to Defend Construction Defect Suit

In its recent decision in Core Construction Services Southeast v. Crum & Forster Specialty Ins. Co., 2015 U.S. Dist. LEXIS 163695 (S.D. Fla. Dec. 7, 2015), the United States District Court for the Southern District of Florida...more

Insurance Recovery Law - December 2015

Court Rejects Attempt to Broaden "Employer's Liability" Exclusion, Requiring Coverage - Why it matters: A New York federal court recently ruled that an "Employer's Liability" exclusion in a CGL policy applies only when...more

Construction and Engineering Toolkit: Construction Insurance: Taking an Interest

Finance parties and others interested in major construction projects will usually want to be able to take the benefit of the project insurance arranged by the developer or contractor, so that their position can be protected...more

South Carolina Court Finds Insurer Improperly Denied Coverage Under State Operations Exclusion

In E. Bridge Lofts Prop. Owners Ass’n v. Crum & Foster Specialty Ins. Co., 2015 U.S. Dist. LEXIS 156947, the United States District Court for the District of South Carolina addressed an insurer’s denial of coverage for an...more

Oregon Adopts Covenants Not To Execute/Assignments

This past week, the Supreme Court of Oregon overturned 42 years of precedent, holding that Stubblefield v. St. Paul Fire & Marine, 267 Ore. 397, 517 P.2d 262 (1973) erred when it decided that a covenant not to execute given...more

[Event] Yes, Virginia, You Can Use Drones in Your Business! - Dec. 1st (Virginia Beach, VA) & Dec. 4th (Richmond &...

Companies from a wide spectrum of industries have obtained a Section 333 Exemption from the Federal Aviation Administration (FAA) that permits them to fly Unmanned Aircraft Systems (UAS), commonly known as “drones,” to...more

Insurance Coverage – Homeowner’s Insurance – “Imminent Loss”

Arthur Grebow, et al. v. Mercury Insurance Company - Court of Appeal, Second District (October 21, 2015) - Homeowners’ policies are not intended to require that all maintenance costs incurred to prevent collapse...more

Vermont Supreme Court Collapse Case Underscores Danger of Insuring Against the “Risk” of a Peril

Three months ago in Equinox on the Battenkill Mgmt. Ass’n. v. Philadelphia Indem. Ins. Co., 2015 VT 98 (Vt., Aug. 7, 2015), Vermont’s highest court held that a policy insuring against the “risks of . . . collapse” affords...more

Insurance Recovery Law - November 2015

Despite Prior Suits, Policyholder Entitled to Coverage for DOJ Investigation - Why it matters: A policyholder was entitled to coverage for a Department of Justice (DOJ) investigation despite already facing possibly...more

“Contractor?” I Do Not Think That Employers’ Liability Exclusion Means What You Think It Means

Over the summer, this blog reported on how the Supreme Court of Pennsylvania managed to parse an employer’s liability exclusion to find that it did not exclude claims by employees of additional insureds. As the leaves started...more

Managing Project Risk With Enforceable Indemnity Agreements

Most contracts in the construction industry supply chain require the “downstream” project participant to indemnify those “upstream” against a spectrum of losses or claims relating to the project. Upstream participants, such...more

Property Subrogation Alert: Potential Property Subrogation Opportunities in South Carolina Related to the Recent Historic Rainfall...

In light of the recent historic rainfall and flooding in South Carolina, Nexsen Pruet’s property subrogation and recovery team would like to advise you of potential subrogation opportunities that may otherwise go overlooked....more

A Primer to Understanding Wrap-Up Insurance Programs

Whether you are a property owner, general contractor, or subcontractor, understanding wrap-up insurance programs—when to consider one, what they insure, and how they affect the project—is vital to a construction project’s...more

Lessons from a Diner: Up Front Costs can Save You Money in your Engineering Practice (law note)

I happen to frequent a place in my hometown called Elmo’s Diner.  A lot.  As in, many of the servers know me by name.  The food is good, yes.  The selection is great.  But there is a much more important reason that I go there...more

Construction Briefing - Legal changes affecting construction businesses from 1 October 2015

1 October 2015 ushers in a number of legal changes which affect construction businesses operating in the UK. We have provided brief highlights of some of the changes below. If you need further information, please contact us...more

Allocation Of Covered And Uncovered Claims: Recent Decisions On Burden Shifting And Pre-Approval Requirements

Ongoing efforts by insurers to recover amounts paid for uninsured losses after settlement or judgment have resulted in extensive litigation over allocation issues. Conflicting opinions have arisen over which party bears the...more

Insurance News, Summer 2015

The U.S. Senate Commerce Committee asked Michael Menapace to testify as an expert witness at a hearing called by the Subcommittee on Consumer Protection, Product Safety, Insurance and Data Security entitled, "Examining the...more

The Buck Stops Over There: Have Indemnitors Become the Insurers of First and Last Resort?

Insurance and indemnity are the primary risk management strategies on construction projects. Insurance, such as commercial general liability insurance, insures against third party claims for bodily injury and property damage,...more

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