Appeals, Policy Terms, Contractors

Oregon Supreme Court Expands Meaning of "Accident" in Insurance Policy

Davis Wright Tremaine LLP on 6/10/2025

Owners can trigger an insurance policy without formally alleging a tort claim if the contractor's defective work could support a tort claim. The Oregon decision may allow property owners to assert only a breach of...more

Oregon Supreme Court Reverses Insurance Coverage Denial for Contractor in Twigg v. Admiral Ins. Co.

Miller Nash LLP on 5/23/2025

In a long-awaited decision that helps contractors obtain coverage for construction defects, the Oregon Supreme Court in Twigg v. Admiral Ins. Co. 371 Or. 308 (2025) ruled that coverage under a commercial general liability...more

Eighth Circuit Finds No Coverage Under “Ensuing Loss” Provision Under Arkansas Law

Carlton Fields on 4/21/2025

“Ensuing loss” provisions have long been the subject of nuanced arguments in insurance litigation. The provisions, which sometimes afford coverage for a “covered loss” stemming from an expressly excluded peril, serve as...more

Suburb's Citizens Out of Luck Against Contractor's Insurer for Contaminated Water

Gould + Ratner LLP on 9/30/2020

Under established Illinois law, an insurer must defend a legal action filed against its insured unless it is clear from the face of the underlying complaint that the allegations fail to state facts which bring the case...more

Policy Clauses, Exclusions and Endorsements: Language Matters

Bradley Arant Boult Cummings LLP on 8/27/2020

The Ninth Circuit Court of Appeals just reminded policyholders that while coverage exclusions are to be read narrowly, they must also be read comprehensively. In Engineered Structures, Inc. v. Travelers Property Casualty...more

Arizona Court of Appeals Holds Insureds May Assign a Post-Loss Breach of Contract Claim to Contractors

Jaburg Wilk on 8/9/2018

The Holding - In Farmers Ins. Exchange v. The Honorable David Udall, 2018 WL 2931906 (June 12, 2018), the Arizona Court of Appeals accepted special action jurisdiction to hold that Insureds validly assigned post-loss...more

State Appeals Courts Rule on ‘That Particular Part’ Exclusions

Farella Braun + Martel LLP on 11/29/2017

Two recent cases from separate California state courts correctly interpret the phrase “that particular part” and apply it in its intended narrow sense. This is good news for contractors and is in contrast to some recent...more

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