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Insurance Litigation Contractors

Carlton Fields

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

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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

Zelle  LLP

Invoking ‘Our Option’ and Preferred Contractor Network Endorsements

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Increasing abuses in the claims process have caused insurance companies to rethink the traditional model of sending out cash to pay claims. Far too often, that cash is used for purposes other than fixing damage, with a...more

Davis Wright Tremaine LLP

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

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

Wiley Rein LLP

Coverage for Post-Tender Remediation Costs Precluded as Voluntary Payments Where Insured Admitted and Assumed Liability Before...

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A federal district court, applying New York law, has held that a “voluntary payments provision” precluded coverage for an insured’s post-tender costs to remediate its engineering errors because the insured admitted and...more

Miller Nash LLP

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

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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

Adams & Reese

Louisiana Supreme Court Issues Key Ruling on Contractor Summary Judgment

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Earlier this month, the Louisiana Supreme Court issued a significant decision that holds implications for insurers and their insured contractors and subcontractors, particularly concerning summary judgment procedures in...more

Carlton Fields

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

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“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

Miles Mediation & Arbitration

Multi-Party Construction Mediations and How to Address Them

Multiparty construction mediations are often complicated due to the number of liability, causation, and damages issues. Whether the mediation occurs prior to litigation or after litigation is initiated, there are several...more

Hendershot Cowart P.C.

Your Employee Lawyered Up. Now What? Best Practices for Contractors Following a Worksite Injury

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When a workplace injury occurs at your construction site, the actions you take in the immediate aftermath can significantly impact potential legal consequences, insurance claims, and your business's financial health....more

Cozen O'Connor

Court Denies Developer Insurance Coverage to Repair Defective Construction

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In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the...more

Conn Kavanaugh

First Circuit Rules on Important Coverage Issue for Contractors.

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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

Woods Rogers

Contractor’s $25M Insurance Claim Waived Because of Untimely Notice to Insurer

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A recent holding in Fairfax County Circuit Court reinforces the importance of contractors giving timely claim notice to their insurers. The case, St. Paul Fire and Marine Ins. Co. v. HITT Contracting, Inc., decided on...more

Kennedys

Recent First Department decision revisits duty of care and common law negligence

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The Appellate Division of the State of New York, First Department recently reversed a lower court decision, holding that a subcontractor did not owe a duty of care to a plaintiff working on a jobsite and therefore, determined...more

Cozen O'Connor

Texas Supreme Court Rejects Free Speech and Due Process Challenges to Public Adjuster Regulations

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A roofing contractor called Stonewater Roofing, Ltd. (Stonewater) challenged a Texas statute regulating public adjusters' conduct on the basis that the statute violates free speech and due process rights under the First and...more

Carlton Fields

Divided Ninth Circuit Finds Toxic Dust From Wildfire Is Not “Pollutant” Under Policy’s Pollution Exclusion

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In Wesco Insurance Co. v. Brad Ingram Construction, the Ninth Circuit Court of Appeals reversed a summary judgment ruling in favor of Wesco Insurance Co. after a split panel concluded that toxic dust and debris from a...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - January 2024

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Second Circuit Holds That Malpractice Insurer Has No Duty to Defend or to Indemnify Lawyer Because Of Business Enterprise Exclusion- Associated Industries Insurance Company sued its insureds, a lawyer, and his former law...more

Pillsbury - Policyholder Pulse blog

Subrogation 101 (and Why Should I Care?)

What is subrogation? Why am I being asked to waive it? Should I care? To answer that last question, let’s take a quick run at the first two. What Is Subrogation? “Subrogation” refers to the act of one person or party standing...more

Marshall Dennehey

Doubling Down: Two Third Circuit Decisions Reaffirm that Faulty Workmanship Does Not Constitute an “Occurrence” in Pennsylvania

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In two separate decisions handed down last month, the Third Circuit Court of Appeals re-affirmed that, under Pennsylvania law, claims against contractors for faulty workmanship do not constitute an “occurrence” and are...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - February 28, 2023

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Court Holds That Insurer Was Not Volunteer And May Seek Subrogation From Other Insurer But That Other Insurer’s Policy Is Excess- Walter Breitenbach, who was insured by Adirondack Insurance, struck a pedestrian with his...more

Wiley Rein LLP

No Coverage for Loss in Consequence of Social Engineering Fraud

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Applying North Carolina law, a federal district court has held that an E&O insurance policy does not provide coverage for loss arising from social engineering fraud despite the fact that the insured’s negligence also...more

Cozen O'Connor

Florida Property Insurance Reform Round Three Brings Big Changes

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For the third time since 2019, the Florida Legislature has enacted broad property insurance reforms with the goal of stabilizing the insurance market and curbing litigation filed by unscrupulous contractors....more

K&L Gates LLP

Who's to Pay? Trade Contract Rather than Insurance Policy Controls Priority of Insurance Coverage under New York Law

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On 5 October 2021, a three-judge panel of the United States Court of Appeals for the Second Circuit unanimously held that, under New York law, the indemnity agreement in a contract between a contractor and subcontractor...more

Butler Weihmuller Katz Craig LLP

One Step Forward, Two Steps Back: Roofers, Insurance And Commercial Speech

On July 11, 2021 Chief Judge Mark Walker of the U.S. District Court for the Northern District of Florida entered an order enjoining the Secretary of the Florida Department of Business and Professional Regulation from taking...more

Carlton Fields

Florida Appellate Court Determines Faulty Workmanship Exclusion in Homeowner’s Policy Is Not Ambiguous and Thus Damage Caused by...

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In Saunders v. Florida Peninsula Insurance Co., a Florida appellate court recently determined whether a faulty workmanship exclusion in a homeowner’s policy applied to a property loss caused by a contractor....more

Gould + Ratner LLP

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

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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

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