Topic
Construction Defect
638 published works
Association Alert
Condominium Association Liable for Construction Defect it Had a Duty to Maintain
By Amy Ambro
Facts The plaintiff, James Schnurr, and his wife were riding their bicycles in the Jonathan’s Landing community when Mr. Schnurr struck a bollard that was installed just before the promenade…
Insurance Law Hawaii
No Duty to Defend Construction Defect Claims
The court determined the insurer had no duty to defend construction defect claims asserted against the insured. Pa. Nat'l Mut. Cas. Ins. Co. v. River City Roofing, 2022…
Insurance Law Hawaii
Construction Defect Claims Not Covered
The court found that the insured's negligent acts causing damage to only the structure of the home it built were not covered under the CGL policy. Westfield Ins.…
Insurance Law Hawaii
Insurer Must Defend Faulty Workmanship Claims
The court determined that the insurer improperly denied a defense for construction defect claims made against the insured. Amerisure Mut. Ins. Co. v. McMillin Tex. Homes, 2022 U.S.…
Insurance Law Hawaii
Prior Occurrence Exclusion Bars Coverage for Construction Defects
While the insured's faulty work constituted an occurrence under Florida law, a prior occurrence exclusion barred coverage. Pro-Tech Caulking & Waterproofing v. TIG Ins. Co., 2022 U.S. Dist.…
Zalma on Insurance
All Eight Volumes of the Second Edition of Construction Defects and Insurance Now Available
By Barry Zalma
“Construction Defects and Insurance Second Edition” The Second Edition of all Eight Volumes now Available at Amazon.com For detail on all Barry Zalma Publications go to the Insurance Claims Library…
Insurance Law Hawaii
Fifth Circuit Finds Duty to Defend Construction Defect Case
Reversing the judgment of the district court, the Fifth Circuit found the insurer owed a defense in a construction defect case. Siplast, Inc. v. Emplrs Mut. Cas. Co., 2022…
Zalma on Insurance
Construction Defects and Insurance Volume 7 Second Edition Now Available
By Barry Zalma
Torts, Tort Defenses and the Construction Defect Trial Construction defects have grown into one of the most active areas of litigation in the United States. This, the seventh volume, of…
Insurance Law Hawaii
Michigan Court of Appeals Remands Construction Defect Case
After its prior decision holding there was no coverage for faulty workmanship was remanded by the Michigan Supreme Court, the Court of Appeals remanded to the trial court.…
Colorado Construction Litigation
Revisiting Denver’s construction defect ordinance
I recently had the opportunity to write an article for the Winter 2022 edition of the Colorado Builder Magazine. Since we are now seeing construction defect claims on projects built…