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Construction Defect

638 published works

  1. 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…

  2. Insurance Law Hawaii

    No Duty to Defend Construction Defect Claims

    By Tred R. Eyerly

        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…

  3. Insurance Law Hawaii

    Construction Defect Claims Not Covered

    By Tred R. Eyerly

        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.…

  4. Insurance Law Hawaii

    Insurer Must Defend Faulty Workmanship Claims

    By Tred R. Eyerly

        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.…

  5. Insurance Law Hawaii

    Prior Occurrence Exclusion Bars Coverage for Construction Defects

    By Tred R. Eyerly

           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.…

  6. 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…

  7. Insurance Law Hawaii

    Fifth Circuit Finds Duty to Defend Construction Defect Case

    By Tred R. Eyerly

        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…

  8. 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…

  9. Insurance Law Hawaii

    Michigan Court of Appeals Remands Construction Defect Case

    By Tred R. Eyerly

        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.…

  10. Colorado Construction Litigation

    Revisiting Denver’s construction defect ordinance

    By David M. McLain

    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…