Posted In:
Construction Contracting & Disputes, Insurance Recovery and Real Estate
Industry:
Construction
Coverage Counselor and RE&C In Review: Fortuity: Defining the Cost of Doing Business
By William A. Peseski on May 23, 2023
In 2012, the Ohio Supreme Court in Westfield Ins. Co. v. Custom Agri Sys., Inc., first defined the "fortuity doctrine," building upon the Court's previous definition of "accidental" within the context of CGL insurance policies—i.e., something "unexpected, as well as unintended."...
Posted In: Insurance Recovery and Real Estate
Blog: NY Court of Appeals Interpretation of "Additional Insured-By Written Contract" Provisions
on June 28, 2018
Recently, in Gilbane Building Co./TDX Construction Corp. v. St. Paul Fire and Marine Ins. Co., et al., the New York Court of Appeals affirmed that an insurer was not obligated to defend and indemnify construction managers as additional insureds where the policy at issue specifically limited coverage to entities with whom the primary insured had contracted in writing to add to the policy....
Posted In: Insurance Recovery and Real Estate
Pre-Suit Notice of Construction Defect Claims Constitutes a Suit
on March 1, 2018
Insurers and policyholders continue to debate the age-old question vital to the determination of insurance coverage – what triggers the insurer's duty to defend? States are complicating this question by enacting various statutes that provide individuals avenues to remedy disputes and claims outside of, or prior to filing a traditional suit or civil procedure. These statutes have created confusion and disagreements between the insurers and policyholders. Courts are now trying to help insurers' clarify their obligations under their policies with respect to these statutes....
Posted In: Insurance Recovery and Real Estate
Avoid Policy Pitfalls and Maximize Insurance Coverage for Construction Claims
on February 9, 2017
Insurance Companies will often raise multiple exclusions that are contained in a standard Commercial General Liability (CGL) policy to deny coverage for a claim arising from a construction project. The most frequently raised issues in construction disputes are the group of exclusions known as the "business risk" exclusions, and are designed to eliminate coverage for risks that are within the normal consequences of an insured's business activities. Although insurers tend to cite every possible exclusion as a bar to insurance coverage for construction claims, this blog will focus on the ongoing operations exclusion and how courts have interpreted the language....
Posted In: Insurance Recovery and Real Estate
Is Defective Construction Covered by Your Insurance Policy?
on January 5, 2015
General liability policies are routinely purchased by developers, construction managers, and subcontractors to protect themselves from third-party claims for bodily injury or property damage arising from their work at a construction site....
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