Duty to Defend Triggered in Florida

Court rules that insurers must treat notice of claim for construction defects as a lawsuit for purposes of duty to defend. A pre suit letter is deemed to be a "suit" or "suit papers" in a policy. The Sapphire Condominium in Fort Lauderdale (Credit: Keller Williams Realty) Florida has issued a controversial and sweeping ruling … Continue reading Duty to Defend Triggered in Florida

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Before Collapse, Bridge Builders Dismissed Concerns About Cracks | 2018-03-18 | ENR

Each day brings another detail about how what was intended to be a charming, $14-million pedestrian bridge at Florida International University near Miami took only seconds to become a national tragedy. The partly completed structure’s sudden, catastrophic collapse at 1:47 p.m. on March 15 killed five motorists and one project worker. Robert L. Sumwalt, chairman of … Continue reading Before Collapse, Bridge Builders Dismissed Concerns About Cracks | 2018-03-18 | ENR

Newman II Decision and SC Construction Defect Law

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.