News & Analysis as of

Liability Insurance Construction Defects

Payne & Fears

Payne & Fears Secures $1.9 Million in Defense Costs for Homebuilder Client in Summary Judgment Win Against Insurer

Payne & Fears on

On July 1, 2025, the U.S. District Court for the Central District of California entered summary judgment in favor of a national homebuilder against its insurance company, United Specialty Insurance Company (“USIC”), holding...more

Otten Johnson Robinson Neff + Ragonetti PC

HB 25-1272: What Colorado Developers Need to Know About the State’s New Construction Defect Law

On May 12, 2025, Governor Jared Polis signed House Bill 25-1272 (“HB 25-1272“) into law. This act, known as the Colorado American Dream Act, seeks to address a key barrier to the construction of entry level condominiums and...more

Zelle  LLP

Insurer Escapes Duty to Defend Obligation in Toll Road Pile-Up Lawsuits Under Designated Work Exclusion and Professional Liability...

Zelle LLP on

On March 19, 2025, Judge Reed O’Connor in Liberty Mutual Fire Insurance Co. v. N. Tarrant Infrastructure LLC, No. 4:23-cv-01043-O, 2025 WL 863470 (N.D. Tex. Mar. 19, 2025) held that under the Eight-Corners Rule, Liberty...more

Rivkin Radler LLP

December 2024 Insurance Update

Rivkin Radler LLP on

There’s been plenty of litigation over whether construction defect claims qualify for coverage under a CGL policy. This month, we discuss two federal circuit court rulings (First and Seventh Circuits) that reach opposite...more

Pillsbury - Policyholder Pulse blog

Recent Illinois Supreme Court Decision on Construction Defect Claim Is a Perfect Holiday Gift for Policyholders

The Illinois Supreme Court handed down a big win for policyholders just in time for the holidays. In Acuity v. M/I Homes of Chicago, LLC, the court joined the mainstream of jurisdictions and reversed years-old precedent that...more

Bradley Arant Boult Cummings LLP

What happens when a “your work” exclusion collides with a “product completed operations” clause in a CGL policy?

A CGL policy typically defines “your work” as the work performed by or on behalf of the insured and the materials, parts, or equipment furnished in connection with such work. “Product-completed operations” coverage usually...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Forgot to Buy Insurance

Dear YouDig?, We thought we had insurance coverage if a subcontractor screws up. Now we hear that the Ohio Supreme Court says we might not? What is going on? I would never be caught dead without comprehensive insurance. I...more

Carlton Fields

For “At-Issue Waiver,” The Best Defense May Not Be An Affirmative Defense

Carlton Fields on

As this blog has repeatedly documented, it can be hard for insurers to assert the attorney-client privilege in the context of bad faith litigation. One difficulty arises in states that enforce a presumption against the...more

Carlton Fields

Fifth Circuit Holding Breathes Life Back Into the Contractual Liability Exclusion

Carlton Fields on

Liability insurance policies typically exclude coverage for obligations arising out of the insured’s “assumption of liability in a contract or agreement.” Earlier this year, the Texas Supreme Court took a narrow view of this...more

Sheppard Mullin Richter & Hampton LLP

Principal Architects on Residential Projects Liable for Construction Defects Outside Their Control; Developers and Owners May Pay...

On July 3, 2014, the California Supreme Court decided the much watched case Beacon Residential Community Assoc. v. Skidmore, Owings & Merrill, LLP. The court held that the “principal architect” “owes a duty of care to future...more

JAMS

Construction Defect Disputes and the Abandoned Policyholder: Getting the Carrier to the Table

JAMS on

There is much that can go wrong in any large construction project: improper installations, defective products, errors and omissions made by designers, unexpected site conditions—the list is long. Insurance coverage or a...more

Porter Hedges LLP

Texas Supreme Court Issues Ewing Opinion

Porter Hedges LLP on

On Friday, January 17, 2014, the Texas Supreme Court issued the long awaited and much anticipated Ewing Construction v. Amerisure Insurance opinion. You may have heard that the ruling was a big victory for contractors, but...more

Pillsbury Winthrop Shaw Pittman LLP

Court Gets in Line with Majority of Jurisdictions on Faulty Products Coverage

A recent decision from an appellate court in Pennsylvania is good news for policyholders who manufacture products, as yet another jurisdiction joins the majority view that product manufacturers may be covered for damage that...more

13 Results
 / 
View per page
Page: of 1

"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