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

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

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

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

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

Ten Most Significant Insurance Coverage Decisions Of 2014 – How To Achieve “Additional Insured” Cost Sharing For Construction Defects
Posted on 15 Dec 2014 by Randy J. Maniloff

Anyone reading this knows that construction defect claims often involve a lot of parties. I was once involved in a California CD case, with so many parties, that when it came time for a mediation in Los Angeles it was necessary to rent the Kodak Theatre... Read More

Materials Posted: Builder's Risk Insurance: What Owners and Contractors Need To Know
Posted on 16 Mar 2015 by Neal Gerber Eisenberg

By Benjamin Schrier The February 24, 2014 post, Builder's Risk Insurance: What Owners and Contractors Need to Know , has been updated to include slides of the presentation given by Seth Lamden. Click here to view the slides (March 27, 2014)... Read More

Regional Steel: The Continuing Effort to Avoid the Cost of Correcting the Insured’s Work
Posted on 17 Nov 2014 by DLA Piper

By Eliot R. Hudson , Carl H. Poedtke III , and Stephen W. Schwab Casualty insurers normally do not expect to pay the cost of their insureds simply doing a good job. Insurers typically view their contracts as assuming the risk of delineated consequences... Read More

Ten Most Significant Insurance Coverage Decisions Of 2013 – Eleventh Circuit Limits Construction Site Bodily Injury Exposure (Without Using An Endorsement)
Posted on 16 Jan 2014 by Randy J. Maniloff

Insurers have been taking various steps to attempt to limit their exposure for bodily injury claims on construction sites (not to mention for property damage). One way has been to amend the employer’s liability exclusion to preclude coverage for... Read More