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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....

McCarter & English LLP on Travelers Property Cas. Co. of Am. v. Mericle and Colony Ins. Co. v. Mid-Atlantic Youth Services Corp., Third Circuit Affirms Lack of Coverage for Pair of Judicial Kickback Cases

By Anne Matthews, Associate, McCarter & English, LLP Robert Mericle and Mericle Construction Company (collectively, "Mericle") along with Robert Powell and Mid-Atlantic Youth Services Corporation (collectively, "MAYS") were each sued in connection with a kickback scheme wherein...

Garage Owners’ Insurance – New Appleman on Insurance Law Library Edition, Chapter 68

By Mark M. Hogewood, Member, Wallace, Jordan, Ratliff & Brandt, L.L.C. This chapter discusses the Garage Policy available to garage owners for their particular insurance needs and risks. As reflected in Section 68.01, the Garage Policy is geared toward the unique third-party liability exposure...

Ala. Supreme Court: Insured Contractor’s Own Work Needing Repair or Replacement Not an “Occurrence”

By Scott C. Turner, Attorney, Anderson Kill On May 3, the Supreme Court of Alabama's issued its decision in Shane Traylor Cabinetmaker, L.L.C. v. American Resources Ins. Co., Inc. , --- So.3d ---- , 2013 Ala. LEXIS 42 (2013) [ enhanced version available to lexis.com subscribers ], which maintains...

West Virginia Court Resolves Issues Of First Impression On Insurance Coverage For Delayed Manifestation Claims

By John T. Waldron, III and Sara N. Brown I. Introduction The last few decades of tort litigation in America have been marked primarily by a surge in filings of asbestos, silica and other delayed manifestation bodily injury and property damage claims. These tort claims have in turn led to numerous...

Appeals Court: You Can Knock Your Wife’s Lover Unconscious At A Urinal And Get Coverage

Back in the January 8th issue of Coverage Opinions I mentioned a coverage case involving two guys fighting at a urinal in a bar. Mercury Casualty Co. v. Noll (Cal. Ct. App. Sept. 26, 2013) [ enhanced version available to lexis.com subscribers ]. Well here’s another recent one in the urinal fighting...

I See Dead People Causing Coverage Disputes

Look, it’s not pleasant, but when you are involved in liability claims you will be forced to confront scenarios involving death. It’s simply the nature of the beast. Liability insurance claims are, by their nature, all about when things go wrong. And when things go wrong – really wrong...

A-L-I Opener: More On Chapter 3 Of The ALI Principles

In the last issue of Coverage Opinions I took a brief look at what’s up next for the American Law Institute’s “Principles of the Law of Liability Insurance” Project: Chapter 3. In particular I discussed the Principles’s proposed definition of “accident.” It is...

Central District of California Denies Insurer’s MSJ On the Basis That There Was an Issue of Material Fact as to Whether an Alleged Failure to Construct a Home in Accordance With the Residential Community’s CC&Rs Constituted an “Occurrence”

Barks v. Castlepoint Nat’l Ins. Co. , 2014 U.S. Dist. LEXIS 43447 (C.D. Cal. Mar. 26, 2014), [ enhanced version available to lexis.com subscribers ] In Barks , the district court found that there was an issue of material fact as to whether the general contractor’s alleged failure to construct...

Killing Two Is Not an Accident – Three Shots at Head Not an Occurrence

After State Farm intervened in a wrongful death action the trial court granted the insurer summary judgment and found State Farm owed neither defense nor indemnity to a person who was convicted of negligently killing two people by firing three shots at a man’s head. Nathan Leinweber and John Doe...

CGL Policy with Specific “Other Insurance” Clause Ruled Excess Over Auto Policy for Claim Arising out of Automobile Accident

Employers Ins. Co. of Wausau v. Lexington Ins. Co. , 2014 U.S. Dist. LEXIS 115747 (C.D. Cal. Aug. 19, 2014), [ enhanced version available to lexis.com subscribers ] In Employers , the Central District of California found that a CGL Policy was excess to an automobile policy with regard to an accident...

Intentionally Striking Another Individual Ruled Not an “Occurrence” and Therefore Uncovered Even if Done in Self-Defense

David v. Allstate Ins. Co. , 2014 U.S. Dist. LEXIS 119473 (C.D. Cal. Aug. 25, 2014), [ enhanced version available to lexis.com subscribers ] In David, the Central District of California ruled that intentionally hitting and biting another person was not an accident, and therefore did not fall within...

Interesting Case In The “What’s An Accident?” Category

I have long been a student of the “what’s an accident?” question for purposes of a liability policy. As I am fond of mentioning, the question has been before courts for a very, very, let’s add one more very, long time. There are cases asking it that date back to the early 1800s...

A Really Curious Coverage Case

Regular readers of CO know that I constantly discuss how challenging “what is an accident” cases can be. The question whether an event qualifies as an “accident,” to trigger liability coverage, is the oldest and one of the most contentious in the book. It is also one of the most...

Can Murder Ever Be Accidental? – Tenant is Not an Insured

By definition liability insurance never applies to an intentional act. When a person rents a room in her house to a convicted felon with a history of violence and then gives the tenant a gun to use as he desires, she cannot claim that when the felon kills her son-in-law, that the shooting was an accident...