South Carolina Coverage and Bad Faith Opinion

South Carolina Answers Certified Question For Attorney Client Privilege In Bad Faith Refusal to Defend The South Carolina Supreme Court, on certified question from the Fourth Circuit, has decided whether an insurer waives the attorney-client privilege when it denies liability in a “bad faith” case.  The issue arose out of a construction defect lawsuit whenContinue reading “South Carolina Coverage and Bad Faith Opinion”


Construction defect cases are occurrence based matters which, in South Carolina, are pre-determined to involve the occurrence of property damage each and every year following a construction project. The “continuous trigger” theory puts the onus on a defense attorney to send notice in the form of a “tender letter” to all insurers affording CGL coverageContinue reading “TARGETED TENDERS”


On October 9, 2018, the Ohio Supreme Court issued an important decision in Ohio N. Univ. v. Charles Constr. Servc., Inc., Slip Opinion 2018-Ohio-4057.  Departing from the national majority view, the Ohio Supreme Court held that a general contractor’s commercial general liability policy does not cover claims for property damage caused by a subcontractor’s faulty work.Continue reading “OHIO DECISION PARTS WAYS WITH THE NORM AS TO CONSTRUCTION DEFECT COVERAGE FOR GENERAL CONTRACTORS”

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 rulingContinue reading “Duty to Defend Triggered in Florida”

Legal fees rise as San Francisco’s Millennium Tower continues to sink | Construction Dive

Contractors and Force Majeure: Contractual Protection from Hurricanes and Severe Weather

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. WhatContinue reading “Contractors and Force Majeure: Contractual Protection from Hurricanes and Severe Weather”

Insurance Market Leader Ames and Gough report Premium Price Decreases

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, 95Continue reading “Insurance Market Leader Ames and Gough report Premium Price Decreases”

Owners and Contractors Protective Liability Coverage Form

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 DesignatedContinue reading “Owners and Contractors Protective Liability Coverage Form”

Kentucky Commercial Subcontractor’s Work Deemed to be Faulty and Insurance Not Triggered

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 theContinue reading “Kentucky Commercial Subcontractor’s Work Deemed to be Faulty and Insurance Not Triggered”

Allocation of Liability Among Insurers in South Carolina: The Legacy of Crossman

“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.”