SDV Insights

Construction Insights

Wrap-Up Exclusion Blocks Additional Insured Claim in New York

A recent decision in New York is a cause of concern for wrap-up project contractors seeking to obtain additional insured coverage under an unenrolled subcontractor's CGL policy.

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We've Updated Our "Defective Construction as an Occurrence" Survey

Due to some interesting new court decisions, we have updated our State by State Survey on Defective Construction as an Occurrence.

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A Busy Week for Defective Construction as an "Occurrence" - New Jersey and Oklahoma Courts Weigh In

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.

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Misapplication of the Employers Liability Exclusion in CGL Policies: Precluding Coverage for Non-Employer Insureds

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.

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Insurers Must Demonstrate Prejudice From Late Notice In Montana

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).

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Fourth Circuit Uses Extrinsic Evidence to Expand Coverage

The US Court of Appeals for the Fourth Circuit recently reminded policyholders of two important lessons regarding additional insured coverage:

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Is Chemical Exposure through Flooring "Chinese Drywall" Round II?

On March 1, 2015, CBS News aired an investigative report on "60 Minutes" regarding formaldehyde exposure levels in Lumber Liquidators Chinese-made laminate flooring.

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Interview with Tracy Alan Saxe - Finding Fault with Faulty Workmanship

Check out the interview with Tracy in the June issue of Risk Management Magazine:

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PA Clarifies Coverage for Additional Insureds

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.

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Texas Supreme Court Rocks Policyholders Like a Hurricane

Texas policyholders should be aware of the recent decision in JAW The Pointe, LLC v. Lexington Insurance Company.

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