LexisNexis® Legal Newsroom
Insurance Recovery and Counseling Alert: Georgia Supreme Court Holds That Negligent Construction Is an “Occurrence” Under CGL Insurance Policies

By John L. Watkins, Partner, Barnes & Thornburg LLP In a 6-1 opinion issued on March 7, 2011, the Supreme Court of Georgia joined a growing national trend and held that negligent construction that results in damage to property other than the contractor’s work is an “occurrence”...

Insurance Recovery and Counseling Alert: Georgia Supreme Court Holds That Negligent Construction Is an “Occurrence” Under CGL Insurance Policies

By John L. Watkins, Partner, Barnes & Thornburg LLP In a 6-1 opinion issued on March 7, 2011, the Supreme Court of Georgia joined a growing national trend and held that negligent construction that results in damage to property other than the contractor’s work is an “occurrence”...

Sweet Defective-Home Alabama: Supreme Court Addresses The “Occurrence” Issue

"Sub-Contractor" Exception Applies - But Not To A Sub-Contractor's Own Work Randy J. Maniloff, White and Williams, LLP Last month I was in Las Vegas where I had the privilege of speaking at the CPCU Society's Annual Meeting (and paying $9 for a Diet Coke at a restaurant - Really...

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 addressing the issue so any single new one, even...

Ten Most Significant Insurance Coverage Decisions Of 2013 – Eleventh Circuit Limits Construction Site Bodily Injury Exposure (Without Using An Endorsement)

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 employees of “any insured” as opposed...

Defective Construction Claims: Where Breach of Warranty and Covered Occurrences Merge or Divide

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP On March 21, 2014, Jill B. Berkeley presented at the American College of Coverage and Extracontractual Counsel's (ACCEC) 2014 Insurance Law Symposium, held on the campus of the University of Mississippi. The ACCEC brought together...

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...

Additional Insured Certificates: What Do They Mean?

By James R. Harvey , Partner, Vandeventer Black LLP Shifting the significant risk of loss is a basic part of construction contracting. Contractors are familiar with requirements to provide proof of insurance and to name the owner, architect and general contractor as an additional insured on the commercial...

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, no coverage is owed to the insured if the sub-contractor...