Insurance Law

Recent Posts

Unique Look at One of the Newest Aspects of Construction Defect Coverage (And a Broker Warning)
Posted on 1 Dec 2015 by Randy J. Maniloff

If you do construction defect coverage work, then you’ve definitely seen an endorsement, on a general liability policy, that is along the lines of this (but with more detail): If liability arises out of the insured’s use of a sub-contractor... Read More

Ten Most Significant Insurance Coverage Decisions Of 2013 – Texas Supreme Court: Insured’s Settlement Without Insurer’s Consent Covered Insured’s Texas 1-Step: Settle And Skip Insurer’s Consent
Posted on 15 Jan 2014 by Randy J. Maniloff

As a general rule, when an insured is tardy in providing notice of claim to an occurrence-based liability insurer, the insurer is not relieved of coverage, on such ground, unless it can demonstrate that it was prejudiced by such late notice. This is often... Read More

MUST READ Reservation Of Rights Case (A Top 10 Case Of 2014)
Posted on 9 Sep 2014 by Randy J. Maniloff

I’m capable of writing a hyperbolic headline in Coverage Opinions now and then. Really, I am. But this isn’t one of them. If you read only one article in this issue of CO , make it this one. In Builders & Exteriors, Inc. v. Mid-Continent... Read More

Leading Coverage Lawyers: The Most Significant Insurance Coverage Decisions Of 2013
Posted on 28 Jan 2014 by Randy J. Maniloff

For the past 13 years, at around this time, I have sat down and inked a list of the ten insurance coverage decisions of the year just-completed that I believed were the most significant. There was nothing complex or scientific about the process nor authoritative... Read More

Supreme Court of South Carolina Bars Insurance Coverage in Defective Construction Case with a Twist
Posted on 30 Jul 2013 by Anderson Kill

By Scott C. Turner, Attorney, Anderson Kill SUMMARY: Wednesday, the Supreme Court of South Carolina issued its decision in Bennett & Bennett Const., Inc. v. Auto Owners Ins. Co. , 2013 S.C. LEXIS 170 (S.C. 2013), holding that Commercial General... Read More

Ewing’s Undoing’s Ungluing: Appeals Court Follows Ewing And Holds That Contractual Liability Exclusion Precludes Coverage For Construction Defect Claim
Posted on 28 Aug 2014 by Randy J. Maniloff

In January, the Supreme Court of Texas, in easily one of the most important coverage cases of 2014, held in Ewing Construction Co. v. Amerisure Insurance Co., [ enhanced version available to lexis.com subscribers ], that the “contractual liability”... Read More

CGL Policy Did Not Afford Coverage for an Underlying Construction Defect Action because the Alleged Property Damage Was Discovered after the Policy Period and the Total Residential Construction Exclusion Was Implicated
Posted on 2 Sep 2015 by Troutman Sanders

In Atain Speciality , [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the Northern District of California entered a default judgment in favor of the insurer because the damages alleged in an underlying construction... Read More

Construction Defects as an ‘Occurrence’: State Legislatures Weigh In
Posted on 2 Jan 2012 by LexisNexis Insurance Law Newsroom Staff

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... 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

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

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

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

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