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Subcontractors › Denial of Insurance Coverage › Construction Defects

Carlton Fields

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

Carlton Fields on

“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

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

Sheppard Mullin Richter & Hampton LLP

Court Finds That “Care, Custody Or Control” Exclusion Did Not Negate Coverage For General Contractor Who Shared Jobsite...

Sheppard Mullin Richter & Hampton LLP on

McMillin Homes Constr., Inc. v. National Fire & Marine Ins. Co., 35 Cal.App.5th 1042 (2019); Fourth Appellate District Court of Appeal, Division One, Case No. D074219 (June 5, 2019). McMillin Homes Construction, Inc....more

Spilman Thomas & Battle, PLLC

A Case to Watch: Brayman v. Westfield Insurance

Spilman Thomas & Battle, PLLC on

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

Bricker Graydon LLP

Got coverage? What to consider in the wake of the Ohio Supreme Court’s ruling on Ohio Northern University v. Charles Construction...

Bricker Graydon LLP on

On October 9, 2018, in Ohio N. University v. Charles Constr. Servs., Inc., Slip Opinion 2018-Ohio-4057, the Ohio Supreme Court ruled that property damage caused by a subcontractor’s allegedly defective work was not covered...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Forgot to Buy Insurance

Buckingham, Doolittle & Burroughs, LLC on

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

Troutman Pepper Locke

Fifth Circuit Holds Settlement Proceeds Received by General Contractor From Subcontractors Constitute “Other Insurance” Which...

Troutman Pepper Locke on

Satterfield & Pontikes Constr., Inc. v. United States Fire Ins. Co., 2018 U.S. App. LEXIS 21488 (5th Cir. Aug. 2, 2018) - This case arises out of an excess insurance provider’s refusal to cover damages incurred by the...more

Haight Brown & Bonesteel LLP

Ownership is Not a Conclusive Factor for Ongoing Operations Additional Insured Coverage

Haight Brown & Bonesteel LLP on

In McMillin Management Services v. Financial Pacific Ins. Co. (No. D069814, filed 11/14/17), a California appeals court held that an insurer had a duty to defend a general contractor under an “ongoing operations” additional...more

Snell & Wilmer

“Rip and Tear” Damage Remains Covered Under CGL Policy as “Accident”—for Now.

Snell & Wilmer on

The Colorado Supreme Court has approved a settlement between the parties to an appeal of the 2012 Colorado Pool Systems v. Scottsdale Insurance Company Court of Appeals case, leaving that ruling intact. The ruling parses a...more

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