Due to some interesting new court decisions, we have updated our State by State Survey on Defective Construction as an Occurrence.
Due to some interesting new court decisions, we have updated our State by State Survey on Defective Construction as an Occurrence.
On July 9, 2015, a New Jersey state appellate court and an Oklahoma federal district court each held that claims for defective construction constituted "property damage" caused by an "occurrence" under the corresponding CGL policies, despite previous decisions concluding otherwise.
The employers liability exclusion is standard in the Insurance Services Office, Inc. (ISO), commercial general liability (CGL) form and is intended to preclude coverage for bodily injury to an insured's employee.
The Supreme Court of the State of Montana recently handed down a pro policyholder decision in, Atl. Cas. Ins. Co. v. Greytak, 376 Mont. 546, 347 P.3d 263 (2014).
The US Court of Appeals for the Fourth Circuit recently reminded policyholders of two important lessons regarding additional insured coverage:
On March 1, 2015, CBS News aired an investigative report on "60 Minutes" regarding formaldehyde exposure levels in Lumber Liquidators Chinese-made laminate flooring.
Check out the interview with Tracy in the June issue of Risk Management Magazine:
On May 26, 2015, the Supreme Court of Pennsylvania issued its ruling in the Mutual Benefit Insurance Co. v. Politsopoulos case, correcting decades of confused case law interpreting the standard employer's liability exclusion in CGL policies.
Texas policyholders should be aware of the recent decision in JAW The Pointe, LLC v. Lexington Insurance Company.
The debate rages on in Florida regarding the appropriate trigger rule for progressive or latent property damage under commercial general liability ("CGL") policies. Recently, the Eleventh Circuit weighed in, rejecting the manifestation trigger and holding that the injury-in-fact trigger applied to determine available coverage in a construction defect case.
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