News & Analysis as of

Commercial General Liability Policies Property Damage Breach of Contract

Tyson & Mendes LLP

But I Didn’t Mean to Do It …

Tyson & Mendes LLP on

As a father of three children, I have become intimately familiar with this defense to all manner of allegations (which, yes, often involve property damage). When it comes to coverage disputes, you often see insureds making...more

Robinson+Cole Construction Law Zone

First Circuit Broadly Interprets Exclusion in Commercial General Liability Policy Under Current Massachusetts Law

In Admiral Insurance Co. v. Tocci Building Corp., 120 F.4th 933 (1st Cir. 2024), the federal Court of Appeals ruled that, under current Massachusetts law, a general contractor’s Commercial General Liability (CGL) policy does...more

Cozen O'Connor

Montana: Unambiguous Exclusions Enforced Despite Lack of Table of Contents Required Under Statute

Cozen O'Connor on

A recent Supreme Court decision, High Country Paving, Inc. v. United Fire & Cas. Co., 2022 MT 72, ¶ 1, answered in the negative a question certified by a federal district court regarding tensions inherent in Montana’s...more

Cohen Seglias Pallas Greenhall & Furman PC

Protect Your Construction Project: Top 10 Insurance Provisions to Know

Presented by Jonathan A. Cass on April 27, 2021. Construction projects are dangerous places—people get hurt and property gets damaged. Whether you are a general contractor, a construction manager, or a subcontractor, it is...more

White and Williams LLP

Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context

On December 31, 2019, the First District Illinois Appellate Court issued its decision in Owners Insurance Company v. Precision Painting & Decorating Corporation, clarifying what does and does not constitute “property damage”...more

Spilman Thomas & Battle, PLLC

A Case to Watch: Brayman v. Westfield Insurance

Pennsylvania law suggests construction defects generally are not considered an "occurrence" under most CGL insurance policies because defects are not true accidents, e.g., a fortuitous event. However, an exception generally...more

Blank Rome LLP

California Corner: Loss of Use under Commercial General Liability Insurance Policies Includes the Inability to Use a Property in a...

Blank Rome LLP on

Most commercial general liability (“CGL”) policies contain standard, insurance industry-drafted language regarding an insurer’s duty to defend and indemnify its insured. The language typically states something like, the...more

Troutman Pepper Locke

The Buckeye State Bucks Recent Trend: Ohio Supreme Court Holds That Property Damage Caused By A Subcontractor’s Faulty Work Does...

Troutman Pepper Locke on

Ohio N. Univ. v. Charles Constr. Servs., 2018 Ohio LEXIS 2375 (Oct. 9, 2018) - This case arose out of the construction of an inn and conference center at Ohio Northern University (“ONU”). After completion of the project,...more

Saul Ewing LLP

Contractor Denied Insurance Coverage for Delay, Contract, and Property Damage Claims

Saul Ewing LLP on

A recent decision from the Northern District of Ohio denied insurance coverage for claims involving construction delays, breach of contract, and property damage claims. See Maxum Indemnity Co. v. The Robbins Co., No. 1:17 CV...more

White and Williams LLP

Top Developments – February 2017

White and Williams LLP on

JP Energy Marketing, LLC v. Commerce & Industry Insurance Company, et al., No. 115285, 2018 Okla. LEXIS 11 (Okla. Feb. 5, 2018) - Oklahoma Supreme Court in a case of first impression authorizes an award of appeal-related...more

Carlton Fields

Subcontractor Exception Torpedoes Insurers’ Defense To Faulty Workmanship Claim

Carlton Fields on

As this blog has reported, a line of cases deciding coverage disputes over faulty workmanship runs against (or, at least, around) a basic rule for interpreting insurance policies. Under that rule, the scope of coverage is...more

McCarter & English, LLP

New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s...

In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced...more

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