Topic
Construction Defect
638 published works
New Jersey Insurance Coverage Litigation
Insurance coverage for construction defects
By Gene Killian
The ongoing battles over construction defect coverage remind me of the good old days in the ‘80’s and ‘90s when we used to fight over asbestos and environmental coverage claims…
The Northwest Policyholder
Ninth Circuit Hands Oregon Policyholders a Major Win on “Known Loss”
By Seth Row
In a June 25, 2015, to-be-published decision in Kaady v. Mid-Continent Casualty Co. the Ninth Circuit adopted a decidedly pro-policyholder interpretation of the oft-contested "known loss" provision that is standard in commercial general…
Insurance Law Hawaii
Illinois Appellate Court Affirms Duty to Defend Construction Defect Case
The Illinois Appellate Court affirmed the trial court's ruling that the insurer had a duty to defend a construction defect case. West Bend Mut. Ins. Co. v. Pulte Home Corp.,…
Florida Insurance Blog
The Duty to Defend
By Mark Nation
On June 4, 2015, the United States District Court for the Southern District of Florida issued an opinion discussing whether an insurance company had a duty to defend a construction…
Construction & Transition Litigation Law Blog
Ruling Affirms Construction Defect Plaintiff’s Entitlement to Counsel Fees in Confirming Coverage Available to Defendant Contractor
A unanimous New Jersey Supreme Court opinion has affirmed the rights of an aggrieved plaintiff to recover counsel fees incurred in prosecuting relief through a declaratory judgment; enforcing a duty…
Rocky Mountain Real Estate Law
Construction Defects Fight Isn’t Over: Colorado Court of Appeals Weighs In
Despite the failure of Senate Bill 177 last week, there is positive news for condo developers. As was reported in Denver Post, the Colorado Court of Appeals ruled last week…
New Jersey Law Blog
Construction Defect and Liens Seminar
Stark & Stark will host the New Jersey Builders Association’s Construction Defect and Liens Seminar on Monday, June 1, 2015 from 9:00am – 12:00pm at the Lawrenceville, NJ office. The…
Colorado Homeowners Association Law
Whose Ox is Being Gored? Construction Defects Legislation in Colorado
Now that S.B. 177 has been killed, it might be useful to talk about what our concerns were with its provisions. We don't disagree that the process of resolving construction…
Insurance Law Hawaii
Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part
The Eleventh Circuit affirmed the district court's finding of a duty to defend, but reversed, in part, the insurer's duty to indemnify. Carithers v. Mid-Continent Cas. Co., 2015 U.S. App.…
Rocky Mountain Real Estate Law
Construction Defect Bill Dies in Committee
By Jim Johnson
Last night, the democrat-controlled Colorado House State Veterans and Military Affairs Committee voted along party lines to kill Senate Bill 177. Despite support from both sides of the aisle, including…