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accident
Amerisure Insurance Co. v. Albanese Popkin the Oakes Development Group
Arizona
binding authority
Bomgardner Concrete v. State Farm
CGL
Chinese Drywall
commercial general liability
Commercial General Liability insurance
construction law
Continuous trigger
Duty to Defend
exclusions
faulty workmanship
insurance coverage
lawsuit
Litigation
occurrence
occurrences
property damage
Randy J. Maniloff
Randy Maniloff
settlements
subcontractor
White and Williams
Randy J. Maniloff
over 7 years ago
Insurance Law
Insurance Coverage
Unique Look at One of the Newest Aspects of Construction Defect Coverage (And a Broker Warning)
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...
Randy J. Maniloff
over 9 years ago
Insurance Law
Insurance Coverage
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
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...
Randy J. Maniloff
over 8 years ago
Insurance Law
Insurance Coverage
MUST READ Reservation Of Rights Case (A Top 10 Case Of 2014)
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...
Randy J. Maniloff
over 9 years ago
Insurance Law
Insurance Coverage
Leading Coverage Lawyers: The Most Significant Insurance Coverage Decisions Of 2013
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...
Babst Calland
over 9 years ago
Pennsylvania
Pennsylvania Law Blog
Babst Calland: Pa. Superior Court Requires Strict Compliance With Mechanics’ Lien Law
By Rick Kalson A non-precedential opinion issued on November 22, 2013 by the Superior Court of Pennsylvania in Advanced Construction Services, Inc. v. Cumberland Dining Group, Inc. illustrates the importance of strictly complying with the Pennsylvania...
Anderson Kill
over 9 years ago
Insurance Law
Insurance Policy Exclusions
Supreme Court of South Carolina Bars Insurance Coverage in Defective Construction Case with a Twist
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...
Randy J. Maniloff
over 8 years ago
Insurance Law
Insurance Policy Exclusions
Ewing’s Undoing’s Ungluing: Appeals Court Follows Ewing And Holds That Contractual Liability Exclusion Precludes Coverage For Construction Defect Claim
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”...
Troutman Sanders
over 7 years ago
Insurance Law
Insurance Policy Exclusions
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
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...
LexisNexis Insurance Law Newsroom Staff
over 11 years ago
Insurance Law
Insurance Regulation
Construction Defects as an ‘Occurrence’: State Legislatures Weigh In
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...
Randy J. Maniloff
over 12 years ago
Insurance Law
Business Liability Insurance
Holy Mau: Florida Federal Court Rejects Continuous Trigger for Chinese Drywall Claims
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...
Mealeys
over 8 years ago
Insurance Law
Business Liability Insurance
Pennsylvania Superior Court Opens Door to Coverage of Faulty Workmanship Claims
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...
Nicholas M. Insua
over 9 years ago
Insurance Law
Business Liability Insurance
Connecticut Supreme Court, in a Case of First Impression, Holds Negligent Construction Insured Under General Liability Policy
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...
Mealeys
over 8 years ago
Insurance Law
Business Liability Insurance
Construction Defects and the Space Between: Gap and Overlap In the Combined Coverage of Performance Bonds and CGL Policies for Construction Defects
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...
Randy J. Maniloff
over 8 years ago
Insurance Law
Business Liability Insurance
A Faulty Workmanship—“Occurrence” Case Worth Reading
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...
Randy J. Maniloff
over 9 years ago
Insurance Law
Business Liability Insurance
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]
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...
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