Topic
Construction Defect
638 published works
Insurance Law Hawaii
Exclusions Preclude Coverage for Construction Defects
The South Carolina Supreme Court determined there was no coverage for construction defect claims based upon the policy's exlcusions. Bennett & Bennett Constr., Inc. v. Auto Owners Ins. Co.,…
Construction & Infrastructure Law Blog
A Construction Defect Insurance Carrier Need Only Demonstrate That Another Insurance Carrier’s Policy May Potentially Cover The Claim In Order To Recover Equitable Contribution To A Settlement
By Sheppard Mullin, Sheppard Mullin
A California Appellate Court recently clarified the burden of proof for an insurance company seeking contribution from another insurance company in settlement of a construction defect action. When a company…
Insurance Law Hawaii
Insurers’ Motion to Knock Out Bad Faith, Negligent Misrepresentation Claims in Construction Defect Case Denied
Having previously decided that construction defect claims did not arise from an occurrence and were consequently not covered under Hawaii law, the Hawaii Federal District Court refused to dismiss…
Insurance Law Hawaii
U.S. District Court for Hawaii Again Determines Construction Defect Claims Do Not Arise From An Occurrence
In a decision authored by Judge Leslie E. Koybayashi, the U.S. District Court for the District of Hawaii followed its prior decisions that construction defect claims were not covered…
Construction & Transition Litigation Law Blog
A Breakthrough in the Law Gives Similarly Situated Individual Home Owners Suffering from Construction Defects Class Recourse
Until now, owners of single-family homes were left to their own devices and resources in seeking redress for construction defects.
The Northwest Policyholder
Oregon In What Is Now Majority Across the County on Coverage for Construction Defect Claims
By Seth Row
Really nice post the other day by our friends at DC-based Dickstein Shapiro on the recent change in tide on something that we in Oregon tend to take for granted: that construction…
Insurance Law Hawaii
Reversing Itself, West Virginia Supreme Court Holds Construction Defects Are Covered
The West VirginiaSupreme Court previously held that construction defects were not covered undera CGL policy. The Court, however, reversed itself in Cherrington v. Erie Ins. Prop. & Cas. Co., 2013…
New Jersey Insurance Coverage Litigation
The Explosive “Your Work” Exclusion
By Gene Killian
A lot has been written lately – both by judges and observers – about the so-called “business risk” exclusions and their applicability to construction defect claims. (We’ve previously discussed them…
Ahead of Schedule
Senate Bill 46 Shortens Repose Period for Claims Against Design Professionals
By Sean Gay
"Senate Bill 46" "Statute of Repose"
Policyholder Perspective
New case affirms broad duty to defend in construction defect case where damage dates unclear
By John Green
A new case from Oregon deals with a recurring problem in construction defect litigation—the absence of clear dates in the complaint regarding when damage is alleged to have occurred. Frequently,…