Topic
Faulty Workmanship
140 published works
Property Insurance Law Observer
Court Differentiates Faulty and Defective Workmanship from Vandalism or Malicious Mischief
By Joshua Tumen
In Carr v. Spinnaker Insurance Company, the United States Court of Appeals for the Ninth Circuit upheld the district court’s finding that property damage resulting from objectionable and imperfect work…
Insurance Law Hawaii
Absent Separate Covered Peril, Ensuing Loss is Not Applicable
The Eighth Circuit affirmed the district's granting of summary judgment to the insurer, finding that the exclusion for faulty workmanship was applicable despite the ensuing loss provision. Bob…
Property Insurance Law Observer
Coverage for Defective Workmanship Not Restored by Ensuing Loss Provision
By Paul Ferland
In Bob Robison Commercial Flooring Inc. v. RLI Insurance Company (2025 WL 852889 (8th Cir. 2025), the United States Court of Appeals for the Eighth Circuit determined that an ensuing…
Insurance Law Hawaii
Damage Caused Not by Superstorm Sandy, But by Faulty Workmanship, Not Covered
The federal district court adopted the Report and Recommendations (R&R) of the magistrate judge, finding there was no coverage for faulty workmanship in replacing a roof for an…
Duane Morris Insurance Law
Texas Contractor’s Coverage Claims Foreclosed by Defective Workmanship Exclusion
By: Daniel B. Heidtke In a recent case decided in the Southern District of Texas, the court entered summary judgment, holding that the insurer’s “construction [and] workmanship” exclusion excluded coverage…
Insurance Law Hawaii
Faulty Installation of Heating and Cooling System Does Not Amount to an Occurrence
The trial court determined the insurer had no duty to defend or indemnify for the insured's faulty workmanship in installing a heating and cooling system. Knoblich v. Erie…
Insurance Law Hawaii
Additional Insured Not Entitled to Coverage for Named Insured’s Defective Work
The Court of Appeals for the Seventh Circuit determined there was no duty to defend or to indemnify the additional insured for the named insured's defective work. St.…
Insurance Law Hawaii
Insurer’s Motion for Summary Judgment on Faulty Workmanship Denied
The court found that the insurer failed to meet its burden on summary judgment seeking a judgment that faulty workmanship precluded coverge. Auto-Owners Ins., Co. v. AAA Discount…
Insurance Law Hawaii
Resulting Loss From Faulty Workmanship Covered
The Washington Supreme Court found there was coverage for resulting loss despite the original faulty contraction, an exclusion in the policy. Gardens Condominium v. Farmers Ins. Exchange, 544…
Government Construction Law Update
Does Builder’s Risk Insurance Cover Costs to Repair or Replace Defective Work?
By Joseph Darr
Builder's risk insurance is a type of property insurance that covers damage to a project under construction. A builder's risk policy is a no-fault form of insurance---it doesn't matter who…