Construction Alert: Insuring Contractual Indemnity Obligations—A Lesson In...
The Minnesota Supreme Court issued a decision last week in the case of Engineering & Construction Innovations, Inc., v. L. H. Bolduc Co., interpreting a subcontractor's agreement to indemnify a...
View ArticleMontana Court Addresses Business Risk Exclusions
In its recent decision in Lukes v. Mid-Continent Cas. Co., 2013 U.S. Dist. LEXIS 17979 (D. Mont. Feb. 11, 2013), the United States District Court for the District of Montana had occasion to consider...
View ArticleIndemnification Agreements and Insured Contracts: Why Your Business or...
The purpose of this article is to address potential issues and concerns that may arise between General Contractors (“GC”), Subcontractors (the “Sub”) and their insurers when claims by outside parties...
View ArticlePennsylvania Court Holds Faulty Workmanship Not an Occurrence
In its recent decision in Nat’l Fire Ins. Co. v. Gabe’s Constr. Co., 2015 U.S. Dist. LEXIS 37533 (M.D. Pa. Mar. 25, 2015), the United States District Court for the Middle District of Pennsylvania,...
View ArticleNew Jersey Developer Wins on “Occurrence” and “Property Damage”; Appellate...
The Superior Court of New Jersey, Appellate Division, has issued a very important decision for real estate developers and general contractors whose insurance companies have reserved rights or denied...
View ArticleFifth Circuit Finds Erosion in Texas—Because Endorsements Are Transformative
In Amerisure Mut. Ins. Co. v. Arch Specialty Ins Co., No. 14-20239 (5th Cir. April 21, 2015), a case that applied Texas law, the U.S. Court of Appeals for the Fifth Circuit recently held that the word...
View ArticleCalifornia Court of Appeals Holds Liability Insurer May Obtain Equitable...
In Valley Crest Landscape, Inc. v. Mission Pools of Escondido, Inc., 238 Cal.App.4th 468 (2015), the California Court of Appeals held that an insurer could successfully recover on a claim for equitable...
View ArticleCalifornia Court Broadly Interprets Insurance Policy’s “Liability Arising Out...
In McMillin Mgmt. Servs. v. Financial Pacific Ins. Co., Cal.Ct.App. (4th Dist.), Docket No. D069814 (filed 11/14/17), the California Court of Appeal held that the term “liability arising out of,” as...
View ArticleDear YouDig? Forgot to Buy Insurance
Dear YouDig?, We thought we had insurance coverage if a subcontractor screws up. Now we hear that the Ohio Supreme Court says we might not? What is going on? I would never be caught dead without...
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