LexisNexis® Legal Newsroom
J. Wylie Donald and Jocelyn G. Hill of McCarter & English LLP on Covering the Green Roof -- With Insurance

The City of Toronto just passed North America’s first ordinance mandating the installation of a green roof on new construction commercial and industrial buildings greater than a certain square footage. Green roofs are sprouting in numerous other jurisdictions in response to the sustained interest...

White Paper: Insurance Coverage for Products Liability Claims Arising from Airline Disasters

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 filed that allege product liability claims against...

White Paper: Insurance Coverage for Products Liability Claims Arising from Airline Disasters

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 filed that allege product liability claims against...

Kyle N. Roehler on “The Storm of Coverage Questions Is Approaching—Will Contractors Be Covered for Chinese Drywall Claims?”

By Kyle N. Roehler, Attorney, Foland Wickens Eisfelder Roper & Hofer, P.C. In his article appearing in the July/August 2010 issue of Coverage , Mr. Roehler warns of the coming wave of insurance claims and ensuing coverage litigation over sulfur emissions from defective Chinese drywall. The article...

State Sponsored Homeowner's Insurance and Bad Faith Breach of Insurance Contract Claims: The Applicability of Sovereign Immunity

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 is a costly necessity. Over the last quarter...

Earthquakes, Floods, and Disasters Near and Far: Policyholders Should Look For Cover In The Coverage

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 need to consider their insurance policies as a...

Sweet Carolina For Policyholders: Good Times Will Never Seem So Good For Construction Defect Claims

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 Carolina has issued its opinion in the very closely...

Automobile Liability Insurance – New Appleman on Insurance Law Library Edition, Chapter 63

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 were more than 5.5 million police-reported motor...

FREE Business Interruption Insurance White Paper

Obtain your FREE Business Interruption Insurance White Paper, Business Interruption Coverage: Trends, Challenges & Solutions . The 2011 earthquakes and tsunami in Japan, twister outbreaks in the United States, Hurricane Irene,...

McCarter & English LLP on New Jersey Appellate Division Opens Door to Coverage for Subcontractors' Defective Work

By Craig W. Davis and Nicholas M. Insua, Attorneys, McCarter & English, LLP A recent decision by New Jersey's Appellate Division questions the continued viability of prior New Jersey decisional law regarding whether property damage caused by faulty construction constitutes an "occurrence"...

Massachusetts Court Holds No Coverage for Withheld Employee Tips

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 District Court for the District of Massachusetts...

Jing on Insurance Coverage for Construction Defects: Developments in Federal & State Law

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 the scope of the standard form insuring agreement...

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

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 to lexis.com subscribers ], holding that...

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 Liability (CGL) policy’s coverage for defective...

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 unintended defective construction...

Newly-Published Regional Steel Case Raises More Questions Than It Answers

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 walls. The case is Regional Steel Corporation v...

The Philosophical “Products Hazard” Case

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 damage comes within the “products-completed...

Claims for Defective Solar Panels Are Covered by CGL Insurance

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 type of policy purchased by virtually any business...

Farella Braun + Martel LLP: Claims For Defective Solar Panels Could Be Covered By General Liability Insurance

Several solar panel manufacturers and their distributors have been sued in class actions alleging that certain models of panels are defective and need to be replaced. Class actions can be very expensive to defend, and the ultimate liability can also be significant, depending on the number of panels at...