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
This season is not special as hurricanes are a part of life on the east coast and gulf shores. From New York to Louisiana, just about every state has seen massive property loss from hurricanes during the past ten years. We often see harsh outcomes for those on the coast living in finished homes. What … Continue reading Contractors and Force Majeure: Contractual Protection from Hurricanes and Severe Weather
Although a slim majority of insurance companies providing architects and engineers professional liability insurance saw their rates stabilize in 2016, nearly one in three experienced modest rate decreases, according to a new survey by Ames & Gough. Despite intense competition, insurers are maintaining underwriting discipline and placing greater emphasis on claims experience. This year, 95 … Continue reading Insurance Market Leader Ames and Gough report Premium Price Decreases
I intend to devote several upcoming posts on Owner Controlled Insurance Policies (“OCIP”) or “WRAP” coverage due to its continued emergence in the construction, insurance, and legal industries. In an effort not to confuse, this article deals (“OCP”), which is an acronym for Owners and Contractors Protective Liability insurance coverage. Coverage for Operations of Designated … Continue reading Owners and Contractors Protective Liability Coverage Form
A recent unpublished opinion by the Sixth Circuit Court of Appealshas held that a contractor’s allegedly poor workmanship did not constitute an “occurrence” under the contractor’s policy of insurance. The facts in this matter can be summarized, as follows: Wal-Mart contracted with MW Builders ("Contractor") to construct a new store in Kentucky. Contractor subcontracted the … Continue reading Kentucky Commercial Subcontractor’s Work Deemed to be Faulty and Insurance Not Triggered
"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."
The concept known as an “additional insured” refers to a person or organization that enjoys the benefits of being insured under an insurance policy, in addition to whoever originally purchased the insurance policy. Typical language within insurance policies seeks to limit the subject matter that can be “additionally insured.”
insurer was not obligated to pay for water damages to a condominium building because the insurance policy specifically excluded coverage for damages caused or resulting from building construction and design defects.
"we overrule Colleton Prep to the extent it expands the narrow exception to the economic loss rule beyond the residential builder context"