News & Analysis as of

Contractors Commercial General Liability Policies

Carlton Fields

Iowa Supreme Court Reaffirms Rule That Faulty Workmanship Is Not an Occurrence, Leaving Question of Statutory Fraud for Another...

Carlton Fields on

In Dostart v. Columbia Insurance Group, the Iowa Supreme Court reaffirmed the rule — in Iowa, and many other jurisdictions — that faulty workmanship by a contractor does not constitute an “occurrence” as defined in a standard...more

Miller Nash LLP

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

Miller Nash LLP on

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

Conn Kavanaugh

Insurance Considerations for Construction Projects

Conn Kavanaugh on

“Acme General Contracting, LLC: Licensed and insured!” If you’ve ever retained a home-improvement contractor, you’ve almost certainly received enthusiastic assurances that he or she is “licensed and insured.” But what...more

Conn Kavanaugh

First Circuit Rules on Important Coverage Issue for Contractors.

Conn Kavanaugh on

First Circuit Court of Appeals Rules That Standard Commercial General Liability Policy Excludes Coverage for Downstream Property Damage When General Contractor’s Scope of Work Covers Entire Building - It is well-accepted...more

Kohrman Jackson & Krantz LLP

Changes to Ohio’s Home Construction Law: Benefits and Burdens for Remodelers and Consumers

Ohio made a significant change to its law governing home construction services, introducing an amendment that impacts both contractors and homeowners. House Bill 50 (H.B. 50), signed by Governor Mike DeWine in June 2024,...more

Hinckley Allen

Contractors, Beware: General Liability Insurers Wrongfully Denying Claims for Damage Caused by Defective Subcontractor Work

Hinckley Allen on

As a contractor, you are familiar with working together with subcontractors — delegating project scope as part of the overall job. However, when a subcontractor’s work is defective, who is liable for the damage?...more

Cozen O'Connor

Washington Supreme Court: Hybrid Claims-Made and Occurrence CGL Policy Unenforceable

Cozen O'Connor on

On August 11, 2022, the Washington State Supreme Court, answering a certified question from the U.S. District Court for the Western District of Washington, held that a contractor’s commercial general liability insurance...more

Kilpatrick

10 Key Takeaways - Considerations for Construction and Design Contracts

Kilpatrick on

Whether your company is about to upsize, downsize, relocate, or reconfigure its space, there is a good chance there is a construction project in your company’s future. During the Association of Corporate Counsel Houston...more

Rivkin Radler LLP

Insurance Update- February 2021

Rivkin Radler LLP on

Our February insurance update discusses several issues involving first-party and third-party insurance claims. •The Florida Supreme Court answers a certified question about the type of damages available to first-party...more

Rivkin Radler LLP

Insurance Update - November 2020

Rivkin Radler LLP on

Our November Insurance Update touches upon some novel issues. •Is an appraisal action – a proceeding to determine fair stock value on the date of merger – a Securities Claim for purposes of a D&O policy? •Must a workers’...more

Melito & Adolfsen

You May Think You Are Insured as an Additional Insured But You May Find You Are Not Covered

Melito & Adolfsen on

Anyone who hires someone to do construction should ask the contractor to name them as an additional insured on the contractor's policy. The contractor may agree to provide the coverage but then may fail to follow the rules in...more

Cohen Seglias Pallas Greenhall & Furman PC

Contractors Beware – Ohio Joins Minority of States in Insurance Coverage Row

The Ohio Supreme Court’s October 9, 2018 decision in Ohio Northern University v. Charles Construction Services, Inc., 2018-Ohio-4057 issued a blow to general contractors attempting to obtain insurance coverage under their...more

Saul Ewing LLP

Ohio Supreme Court May Expand Insurance Coverage Under General Contractor’s CGL Insurance for Damages Caused By Defective...

Saul Ewing LLP on

In recent years, courts in several states have held that a general contractor's commercial general liability ("CGL") insurance policy may provide coverage for damage caused by a subcontractor's defective construction work....more

Pillsbury - Policyholder Pulse blog

The Developer’s Toolbox to Manage Risk of Future Condominium Conversion

Developers need to keep an open mind to protect themselves against construction defect claims. Insurance is a vital tool, but it should not be the only one in a developer’s risk management toolbox. Another useful tool—the...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

Spilman Thomas & Battle, PLLC

Off the Reservation (of Rights): South Carolina Speaks on CGL Insurer Notification Requirements

Lawsuits over defective construction are common in South Carolina. So, when a construction company covered by a CGL insurance policy is sued over an alleged construction defect, the insurance company may agree to defend the...more

Farella Braun + Martel LLP

Courts Misunderstand the Meaning of “That Particular Part”

This is part one of a two-part series looking at how court decisions in recent years have thwarted general contractors’ reasonable expectation of coverage under their general liability policies....more

Clark Hill PLC

Dangers When a Contractor Agrees to Indemnify or Name an Architect/Engineer as an Additional Insured on an Insurance Policy

Clark Hill PLC on

Contractors are often required to contractually indemnify and defend owner's engineers and architects, and include them as additional insureds on liability insurance policies. However, a recent federal case demonstrated the...more

Robinson+Cole Construction Law Zone

Contractual Waiver of Subrogation Applied to Owner’s Non-Work Property

After an insurer pays for a covered loss by an owner under a property policy the insurer generally has the right, whether under the common law, statute or the policy itself, to seek recovery of the payment from the...more

Hinshaw & Culbertson LLP

Insurance Producer Had No Duty to Review Insured's Application for Replacement Coverage and Explain the Application to the Insured

Professional Lines Alert - Office Furnishings, Ltd. v. A.F. Crissie & Co., No. 1-14-1724 (Illinois Appellate Court, 1st Dist. December 16, 2015) - Plaintiff was the occupant of a warehouse/office space where a...more

Carlton Fields

“Contractor?” I Do Not Think That Employers’ Liability Exclusion Means What You Think It Means

Carlton Fields on

Over the summer, this blog reported on how the Supreme Court of Pennsylvania managed to parse an employer’s liability exclusion to find that it did not exclude claims by employees of additional insureds. As the leaves started...more

Haight Brown & Bonesteel LLP

Court Extends Insurer Rights to Equitable Contribution

In Underwriters of Interest v. ProBuilders Specialty Ins. Co. (No. D066615; filed 10/23/15), a California appeals court refused to enforce an “escape” other insurance clause in an insurer versus insurer contribution action,...more

Bradley Arant Boult Cummings LLP

Understanding CIPs, Builder’s Risk, and Inland Marine Insurance Policies

Part of Bradley Arant’s Policyholder Insurance Coverage Team’s six-part Maximize Your Company's Insurance Coverage Webinar Series, the “Understanding CIPs, Builder’s Risk, and Inland Marine Insurance Policies” webinar, led by...more

Carlton Fields

Construction Case Law Update - July 2015

Carlton Fields on

Involuntary Dismissal of Counterclaims – In a suit between a developer and general contractor, the trial court erred in dismissing the general contractor’s counterclaims, without a motion by the developer, before the...more

Baker Donelson

Eleventh Circuit Case Delivers Big Win for Contractors Seeking Insurance Coverage

Baker Donelson on

The U.S. Court of Appeals for the Eleventh Circuit has issued an important opinion that is good for contractors making claims on general liability policies, and not so good for the insurers issuing those...more

39 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide