SDV Insights

Construction Insights

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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Eleventh Circuit Chimes in on Florida's Trigger of Coverage Debate

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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What Were the Top 10 Insurance Coverage Decisions in 2014?

Did you get a chance to check out our selections for the 10 most important insurance coverage decisions in 2014? Data breaches, construction defects, releases of ammonia gas, and sinkholes all provided an extraordinary year in policyholder insurance law. Take a look, and let us know if there were any other cases you found interesting.

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