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Tag: Construction Defect Litigation
"We overrule Century Indemnity and impose a "time on risk" approach to defining the scope of each CGL insurer's obligation to its insured in a progressive damage case."
Over the past ten years, my construction defect practice has led me to believe that most lawsuits arise over some sort of condition which is perpetuated by public sentiment. EIFS and Mold cases served to create an entire niche of experts, or professional witnesses equipped with equipment of all kinds, some being more sophisticated than … Continue reading May a homeowner recover for “stigma damage”? The wrecked car syndrome applied to South Carolina Construction Law
"we overrule Colleton Prep to the extent it expands the narrow exception to the economic loss rule beyond the residential builder context"
South Carolina has served as a mystery in its application of Comprehensive General Liability policies within the construction industry. Auto Owners v. Virginia Newman provided the Supreme Court of South Carolina an opportunity to clear up a seminal issue regarding coverage provided to contractors: Does the defective work of a subcontractor constitute an insurable loss within the insuring agreement which binds a General Contractor and its insurer. The much anticipated opinion might have served to further muddy the waters as the court relied on an obscure exclusion within the policy, rather than the much broader "subcontractor exclusion" to rule that coverage for some damages caused by a subcontractor's work is not covered.
Chinese Drywall is getting national press, government scrutiny and a great deal of attention from insurers that might have underwritten policies for general contractors and subcontractors who may have, unknowingly, used drywall product imported from China during 2003-2007. Hurricane Katrina has been blamed on the shortage of United States produced drywall during that time period … Continue reading Chinese Drywall and Insurance
