Holy Mau: Florida Federal Court Rejects Continuous Trigger for Chinese Drywall Claims

I am serious. And stop calling me Shirley. By Randy Maniloff, Partner, White and Williams LLP Chinese drywall -- litigation over the smell of a rotten egg, uh, rolls on. For some insurers, Chinese drywall is a potentially large exposure. With that said, and since Chinese drywall coverage decisions...

For Insurers In Pennsylvania: Courts Continue to Sing The Praises of Kvaerner And Gambone

By Randy Maniloff, Partner, White and Williams LL Karen Carpenter, on life as an insurer in Pennsylvania handling construction defect claims: Everything I want the world to be Is now comin’ true especially for me And the reason is clear, it’s because Gambone is here It’s...

Sweet Carolina For Policyholders: Good Times Will Never Seem So Good For Construction Defect Claims

South Carolina Supreme Court Withdraws Crossmann Communities and Allows Coverage for Consequential Damages of Construction Defects - Court Adopts Time on the Risk Allocation Randy J. Maniloff, White and Williams, LLP The Supreme Court of South Carolina has issued its opinion in the very closely...

Sweet Defective-Home Alabama: Supreme Court Addresses The “Occurrence” Issue

"Sub-Contractor" Exception Applies - But Not To A Sub-Contractor's Own Work Randy J. Maniloff, White and Williams, LLP Last month I was in Las Vegas where I had the privilege of speaking at the CPCU Society's Annual Meeting (and paying $9 for a Diet Coke at a restaurant - Really...

Construction Defects as an ‘Occurrence’: State Legislatures Weigh In

By Edwin L. Doernberger and Theresa A. Guertin, Attorneys, Saxe Doernberger & Vita, P.C. In their article appearing in the November/December 2011 issue of Coverage, "Construction Defects as an 'Occurrence': State Legislatures Weigh In" by Edwin L. Doernberger and Theresa A....

Faulty Workmanship is Not an “Occurrence” But the Damage it Does Is an Occurrence

By Barry Zalma, Attorney and Consultant The Wisconsin Court of Appeal was called upon to resolve a dispute that arose out of damages suffered by VPP Group, LLC the grew from construction work being performed by contractors on a building owned by VPP. VPP was insured by Acuity. Acuity paid the damage...

McCarter & English LLP on New Jersey Appellate Division Opens Door to Coverage for Subcontractors' Defective Work

By Craig W. Davis and Nicholas M. Insua, Attorneys, McCarter & English, LLP A recent decision by New Jersey's Appellate Division questions the continued viability of prior New Jersey decisional law regarding whether property damage caused by faulty construction constitutes an "occurrence"...

McKenna Long & Aldridge LLP On A Roadmap For Determining Coverage For Construction Defect Claims In New York

By Richard B. Friedman, J. Stephen Berry, and P. Michael Freed, Attorneys, McKenna Long & Aldridge LLP In their commentary, McKenna Long & Aldridge LLP on a Roadmap for Determining Coverage for Construction Defect Claims in New York , by Richard B. Friedman, J. Stephen Berry and P. Michael...

Jing on Insurance Coverage for Construction Defects: Developments in Federal & State Law

Jing on Insurance Coverage for Construction Defects: Recent Developments in Federal and State Law by Audrey J. Jing of Kelley, Drye & Warren LLP examines the current split among jurisdictions as to whether a claim for defective workmanship falls within the scope of the standard form insuring agreement...

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) [ enhanced version available to lexis.com subscribers ], a case of first impression, the Supreme Court of Connecticut considered whether allegations that a subcontractor’s unintended defective construction...

Ten Most Significant Insurance Coverage Decisions Of 2013 – Almost Heaven For Policyholders: West Virginia High Court Overrules Four Prior Decisions And Holds That Faulty Workmanship Is An “Occurrence” [And Two Others Do The Same]

Ordinarily I would not include in the annual insurance hit-parade a case addressing the beat-to-death issue whether faulty workmanship qualifies as an “occurrence” under a commercial general liability policy. There are simply too many cases addressing the issue so any single new one, even...

A Faulty Workmanship—“Occurrence” Case Worth Reading

The title of this article tells you how I feel about the continuous barrage of decisions addressing coverage for construction defects – in particular whether faulty workmanship constitutes an “occurrence” under a commercial general liability policy. I’m not saying that these cases...