Insurance Law

Recent Posts

Dentons on Consequences of Inadequate Reservation of Rights
Posted on 15 Dec 2014 by William T. Barker

By William T. Barker, Partner, Dentons US LLP In Advantage Buildings & Exteriors, Inc. v. Mid-Continent Casualty Co., 2014 Mo. App. LEXIS 975 (Sept. 2, 2014), the court recognized that there was no coverage, but still held the insurer liable... Read More

Ten Most Significant Insurance Coverage Decisions Of 2014 – The Loudest Case Yet To Conclude That A Reservation Of Rights Letter Was Ineffective For Lack Of An Adequate Explanation
Posted on 22 Dec 2014 by Randy J. Maniloff

In Advantage Builders & Exteriors, Inc. v. Mid-Continent Casualty Co., -- S.W.3d – , 2014 Mo. App. LEXIS 975 (Mo. Ct. App. 2014), [ enhanced version available to lexis.com subscribers ], Mid-Continent’s insured, Advantage Builders, was... Read More

West Virginia Supreme Court Finds No Duty to Defend or Indemnify under CGL Policy for Contractor’s Work
Posted on 18 Nov 2015 by Steptoe & Johnson PLLC

In yet another decision arising from the construction of a home, the West Virginia Supreme Court of Appeals (“WVSCA”) in SER Nationwide v. Wilson , No. 15-0424, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis... Read More

Well That Was Easy: Construction Defect: One Insurer’s Simple Solution To It All
Posted on 22 Apr 2015 by Randy J. Maniloff

If you are reading this then you are familiar with the surfeit of litigation, over the past decade-plus, concerning the availability of insurance coverage for construction defects. In very general terms you could say that there have been two types of... Read More

Construction Defect: Court’s Lesson On Drafting A “Designated Work” Exclusion
Posted on 10 Mar 2015 by Randy J. Maniloff

Liability insurers know that writing contractors can be challenging. Some just don’t. Others do -- but not without using a buffet of manuscript endorsements that are designed to manage the risk by eliminating unwanted exposures. I have written about... Read More

No Cover for Incorrectly Performed Work: Insurance is Not a Guarantee of Good Workmanship
Posted on 13 Apr 2015 by Barry Zalma

Contractors and developers purchase insurance to protect against bodily injury or property damage caused by their negligence. It does not, nor could it do so and still be insurance, guarantee the quality of workmanship of the insured. The policies clearly... Read More

Ten Most Significant Insurance Coverage Decisions Of 2014 – What Could Have Been For The Contractual Liability Exclusion
Posted on 9 Dec 2014 by Randy J. Maniloff

Ewing Construction Company v. Amerisure Insurance Company, 420 S.W.3d 30 (Tex. 2014), [ enhanced version available to lexis.com subscribers ], is a funny case. Not funny ha ha. Funny strange. The Texas Supreme Court’s decision was a very easy... Read More

Appeals Court Pushes Back On Insurer’s Effort To Limit Construction Site Bodily Injury Claims
Posted on 27 Aug 2015 by Randy J. Maniloff

Insurers have long been writing endorsements to reduce their exposure for property damage caused by construction defects. These efforts have been taking place with First Manifestation, Loss in Progress and similarly named endorsements. Of course, insurers... Read More

Additional Insured Certificates: What Do They Mean?
Posted on 28 Jul 2014 by Vandeventer Black LLP

By James R. Harvey , Partner, Vandeventer Black LLP Shifting the significant risk of loss is a basic part of construction contracting. Contractors are familiar with requirements to provide proof of insurance and to name the owner, architect and general... Read More

Love It And List It: “14th Annual Ten Most Significant Coverage Decisions Of The Year”
Posted on 8 Dec 2014 by Randy J. Maniloff

2014: The Year In Review Property and casualty insurance coverage is a world dominated by decisions made by courts. So 2014 was a unique year -- as its two most significant stories had nothing to do with the judiciary. The first was the decision... Read More

7th Circuit Rules That Title Insurer Is Not Liable for Construction Liens Resulting From Lender’s Failure to Fund
Posted on 7 May 2015 by Foley & Lardner LLP

The 7th Circuit has ruled that a lender is not insured by a title company for liens that arise after a construction loan became significantly out of balance and the lender stopped funding. In BB Syndication Services, Inc v. First American Title Insurance... Read More

Perkins Coie LLP on Notable Insurance Coverage Decisions from the Second Half of 2014 and Early 2015
Posted on 2 Mar 2015 by Perkins Coie

By Nishant Kumar The second half of 2014 and early 2015 brought noteworthy insurance coverage cases in contemporary areas of interest -- for instance, coverage for media providers and for privacy breaches -- as well as significant new developments... Read More