Insurance Law

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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

The Philosophical “Products Hazard” Case
Posted on 25 Aug 2014 by Randy J. Maniloff

There is just something about the Third Circuit’s decision in Allegheny Design Management, Inc. v. Travelers Indemnity Company, No. 13-4263 (3rd Cir. July 11, 2014), [ enhanced version available to lexis.com subscribers ], addressing whether property... Read More

U.S. 8th Cir: No CGL Cover for Property Damage to Insured Contractor’s Own Defective Work and Resulting Loss on Use During Its On-Going Operations
Posted on 30 May 2013 by Anderson Kill

By Scott C. Turner, Attorney, Anderson Kill On May 20, the Eighth Circuit of the U.S. Court of Appeals issued its decision in Spirtas Co. v. Nautilus Ins. Co., --- F.3d ---- 2013 U.S. App. LEXIS 10031 (8 th Cir. 2013) (Mo. law) [ enhanced version available... Read More

Automobile Liability Insurance – New Appleman on Insurance Law Library Edition, Chapter 63
Posted on 12 Jan 2012 by LexisNexis Insurance Law Newsroom Staff

By Lane Finch, Member, Hand Arendall LLC "The automobile is so much a part of American life that there are few activities in which the 'use of an automobile' does not play a part somewhere in the chain of events."[1] In 2009 there... Read More

Massachusetts Court Holds No Coverage for Withheld Employee Tips
Posted on 31 Jul 2012 by Brian Margolies

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Berkshire-Cranwell Limited Partnership v. Tokio Marine & Nichido Fire Ins. Co., 2012 U.S. Dist. LEXIS 93635 (D. Mass. July 6, 2012) , the United States... 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

Claims for Defective Solar Panels Are Covered by CGL Insurance
Posted on 18 Sep 2015 by John Green

Several solar panel manufacturers and their distributors have been sued in class actions alleging the panels are defective and need to be replaced. As will be explained below, these kinds of claims are covered by general liability insurance (CGL), the... Read More

Newly-Published Regional Steel Case Raises More Questions Than It Answers
Posted on 2 Jul 2014 by Erica Villanueva

California’s Second Appellate District has affirmed a summary ruling that a Commercial General Liability insurer did not have a duty to defend a subcontractor who supplied faulty “seismic tie hooks” that were encased in concrete shear... Read More

White Paper: Insurance Coverage for Products Liability Claims Arising from Airline Disasters
Posted on 27 May 2010 by Selena Linde

By Selena Linde, Partner, Perkins Coie LLP Numerous lawsuits have been filed related to Air France Flight 447, which crashed in June 2009 en route from Rio de Janeiro to Paris, leaving 228 people dead. A number of wrongful death lawsuits have been... Read More

Earthquakes, Floods, and Disasters Near and Far: Policyholders Should Look For Cover In The Coverage
Posted on 23 Mar 2011 by LexisNexis Community Staff

By Sherilyn Pastor, Ira Gottlieb, and Nicholas M. Insua, Attorneys, McCarter & English, LLP The recent devastating and tragic earthquake in Japan and flooding in the northeastern United States should serve to remind businesses of the ever-present... Read More

State Sponsored Homeowner's Insurance and Bad Faith Breach of Insurance Contract Claims: The Applicability of Sovereign Immunity
Posted on 22 Mar 2011 by Douglas Scott MacGregor

By Douglas Scott MacGregor Eight coastal states in the Southeastern United States are especially vulnerable to property damage from hurricanes. For homeowners in these eight states, the continuing threat of violent storms means homeowner’s insurance... Read More

Sweet Carolina For Policyholders: Good Times Will Never Seem So Good For Construction Defect Claims
Posted on 27 Oct 2011 by Randy J. Maniloff

South Carolina Supreme Court Withdraws Crossmann Communities and Allows Coverage for Consequential Damages of Construction Defects - Court Adopts Time on the Risk Allocation Randy J. Maniloff, White and Williams, LLP The Supreme Court of South... Read More

Jing on Insurance Coverage for Construction Defects: Developments in Federal & State Law
Posted on 11 Sep 2012 by LexisNexis Insurance Law Newsroom Staff

Jing on Insurance Coverage for Construction Defects: Recent Developments in Federal and State Law by Audrey J. Jing of Kelley, Drye & Warren LLP examines the current split among jurisdictions as to whether a claim for defective workmanship falls within... Read More

Catastrophic Tornado and Flood Claims: Steps to Avoid Bad Faith Exposure
Posted on 1 Jun 2011 by Randolph Evans, Stephen Berry, Michelle Swiren

By J. Randolph Evans, J. Stephen Berry, and Michelle F. Swiren, Attorneys, McKenna Long & Aldridge LLP The spring of 2011 has featured unusually inclement weather for the Southern states. Tornadoes tore through states from Virginia to Texas throughout... Read More