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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

Insurance coverage for damaged NYC tower crane

  • Duane Morris LLP
  • -
  • USA
  • -
  • January 26 2015

Readers will recall photos of a tower crane damaged by Hurricane Sandy. Construction of the NYC high-rise building known as One57 was underway when

Rumors of revival were greatly exaggerated: Fifth Circuit reverses opinion on contractual liability exclusion

  • Carlton Fields Jorden Burt
  • -
  • USA
  • -
  • January 15 2015

We previously discussed the opinion of the U.S. Court of Appeals for the Fifth Circuit in Crownover v. Mid-Continent Cas. Co., No. 11-10166 (5th Cir

Is defective construction covered by your insurance policy?

  • Brouse McDowell
  • -
  • USA
  • -
  • January 5 2015

General liability policies are routinely purchased by developers, construction managers, and subcontractors to protect themselves from third-party

Tenth Circuit: property damage surrounding defective windows is an “occurrence” because damage is unexpected from insured’s perspective

  • Wilson Elser
  • -
  • USA
  • -
  • December 10 2014

In Cincinnati Insurance Company v. AMSCO Windows, No. 13-4155 (10th Cir. November 26, 2014), Cincinnati insured AMSCO, which manufactures windows for

“Additional insured”: are you really covered?

  • Much Shelist PC
  • -
  • USA
  • -
  • December 10 2014

It is standard practice on any construction project: the general contractor requires its subcontractor to obtain certificates of insurance indicating

Arizona Court of Appeals tackles additional insured status in construction contracts

  • Quarles & Brady LLP
  • -
  • USA
  • -
  • December 8 2014

Construction contracts between owners, developers, general contractors, and subcontractors frequently require the down-stream contractor to defend

What constitutes an "occurrence" in your CGL policy?

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • December 5 2014

In Cincinnati Ins. Co. v. AMSCO Windows, No. 13-4155, 2014 WL 6679589, at 3 (10th Cir. Nov. 26, 2014), the United States Court of Appeals, Tenth

Apartment complexity: appellate court sorts out multiple coverage claims for construction of uninhabitable residence

  • Carlton Fields Jorden Burt
  • -
  • USA
  • -
  • November 25 2014

In QBE Ins. Corp. v. Adjo Contracting Corp. (N.Y. App. Div. 2d Dep’t Oct. 29, 2014), an intermediate appellate court in New York confronted