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Results: 1-10 of 251

Federal court in Texas holds “your work” exclusion bars coverage for construction defects to home

  • Phelps Dunbar LLP
  • -
  • USA
  • -
  • March 27 2015

A federal court in Texas held that the "your work" exclusion is unambiguous and enforceable, barring a homeowner from collecting under a contractor's

Oklahoma anti-indemnification statute held to preclude obligation of insurer under construction agreement where indemnity arises out of negligence or fault of the indemnitee

  • Phelps Dunbar LLP
  • -
  • USA
  • -
  • March 27 2015

A federal court in Oklahoma granted an insurer's motion to dismiss claims against it for breach of contract and bad faith on the grounds that an

Federal court in North Carolina finds unknown injury date triggers multiple policies and holds insurers must share equally in defense and indemnity

  • Phelps Dunbar LLP
  • -
  • USA
  • -
  • March 27 2015

A federal court in North Carolina recently held that five insurers must share equally in the defense and indemnity of their mutual insureds with

South Carolina Court of Appeals holds excess insurer has no obligation to cover excess judgment

  • Phelps Dunbar LLP
  • -
  • USA
  • -
  • March 27 2015

The South Carolina Court of Appeals recently held that an excess insurer had no obligation to cover an excess judgment. Crossmann Communities of

Florida federal court rejects insurer’s attempt to avoid indemnity for damage caused by construction defects

  • Hunton & Williams LLP
  • -
  • USA
  • -
  • March 26 2015

In a case of significance to property owners, contractors and real estate developers alike, a federal court in Florida recently rejected an insurer's

Dallas appeals court renders take-nothing judgment for insurer in construction defect case

  • Cozen O'Connor
  • -
  • USA
  • -
  • March 24 2015

The Dallas Court of Appeals reversed a trial court judgment finding coverage for almost $700,000 in damages and attorney’s fees and rendered a take

Seventh Circuit Court of Appeals: no coverage under title insurance for mechanics’ liens arising after construction lender stops funding

  • King & Spalding LLP
  • -
  • USA
  • -
  • March 17 2015

On March 12, 2015, the United States Court of Appeals for the Seventh Circuit entered an opinion interpreting "the most litigated provision in the

Silica dust damage held barred by pollution and faulty workmanship exclusions in New York

  • Cozen O'Connor
  • -
  • USA
  • -
  • March 16 2015

Building construction frequently generates silica dust, a substance that can cause lung disease and other respiratory problems. Abrasive

Construction case law update - February 16, 2015

  • Carlton Fields Jorden Burt
  • -
  • USA
  • -
  • February 17 2015

Under the “made whole doctrine,” an insured has no affirmative right to recover settlement payments recovered by insured that exceed the Self-Insured

The Pennsylvania Superior Court continues to muddle the answer to the question of when faulty workmanship is an “occurrence” under a CGL policy

  • Reed Smith LLP
  • -
  • USA
  • -
  • February 16 2015

Pennsylvania courts continue to struggle with complex concepts underpinning when faulty workmanship can be an "occurrence" triggering coverage under