Insurance Law

Recent Posts

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]
Posted on 13 Jan 2014 by Randy J. Maniloff

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... Read More

Montrose Endorsement Did Not Exclude Coverage
Posted on 15 Oct 2015 by Randy J. Maniloff

In general, insurers have had mixed results when it comes to enforcing the Montrose (known loss) endorsement in construction defect coverage cases. Some courts have interpreted them narrowly and applied a strict “sameness” (my term) test between... Read More

A Faulty Workmanship—“Occurrence” Case Worth Reading
Posted on 5 Jun 2014 by Randy J. Maniloff

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... Read More

Holy Mau: Florida Federal Court Rejects Continuous Trigger for Chinese Drywall Claims
Posted on 27 Dec 2010 by Randy J. Maniloff

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... Read More

Pennsylvania Superior Court Opens Door to Coverage of Faulty Workmanship Claims
Posted on 21 May 2014 by Mealeys

By Darin J. McMullen Pennsylvania policyholders can more confidently challenge insurance companies' denials of faulty workmanship claims following the Pennsylvania Superior Court's recent opinion in Indalex Inc. v. National Union Fire Ins... Read More

Construction Defects and the Space Between: Gap and Overlap In the Combined Coverage of Performance Bonds and CGL Policies for Construction Defects
Posted on 17 Jun 2014 by Mealeys

By Thomas Rush and David A. Attisani Among other harbingers of a gradually convalescing economy, construction activity is on the rise, and is projected to remain on that trajectory throughout 2014. As a consequence of such growth, there will also... Read More

Connecticut Supreme Court, in a Case of First Impression, Holds Negligent Construction Insured Under General Liability Policy
Posted on 17 Sep 2013 by Nicholas M. Insua

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... Read More