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Results: 1-10 of 23

Virginia Supreme Court construes four exclusions as barring coverage in first-party Chinese drywall claim

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 7 2013

On November 1, 2012, the Virginia Supreme Court issued its opinion in TravCo Insurance Company v. Ward, and became the first state high court to determine

New York court holds that additional insureds are not entitled to GL coverage where the policy is rescinded due to the named insured’s material misrepresentations

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 8 2012

The New York State Court of Appeals has ruled that additional insureds are not entitled to coverage under a general liability policy if that policy is rescinded due to the named insured’s material misrepresentations

Chinese drywall - MDL court gives preliminary approval to knauf uncapped settlement fund

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 13 2012

On Tuesday, January 10, 2012, Knauf Plasterboard Tianjin Company (“Knauf”) gained preliminary approval from United States District Court Judge Eldon Fallon for the creation of an uncapped repair fund to settle thousands of Chinese Drywall claims across multiple states

Massachusetts appeals court denies “additional insured” status in construction injury case

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 16 2011

The Massachusetts Court of Appeals recently issued a decision on the parameters of additional insured coverage called Suffolk Construction Corp

Banner ordered to disclosure financials before court will allow $55 million Chinese drywall settlement

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 27 2011

After agreeing to a $55 million preliminary settlement in June, Banner Supply Co. must now provide affected homeowners with the company's financial information, according to a recent ruling from a Florida state court lawsuit, In Re: Chinese Drywall Litigation, Case No. 11-70000, in the Circuit Court for the 17th Judicial Circuit of Broward County

New York appellate court reverses judgment of insurance bad faith and remands for additional fact-finding

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • April 26 2011

The New York Appellate Division for the First Department recently reversed a decision of a lower court that had granted summary judgment to the plaintiff, an excess insurer, on a count of insurance bad faith against a primary insurer

Eighth Circuit holds that the collapse of seven stories of decorative brick veneer is not a “collapse of a part of a building”

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 19 2011

In Council Tower Ass’n v. Axis Specialty Ins. Co., No. 09-3900, 2011 WL 31519 (8th Cir. 2011), the Eight Circuit considered whether, under Missouri law, the falling of seven stories of a twenty-six-story exterior brick veneer was a covered “collapse” of a building

Chinese drywall - Florida federal district court finds no coverage under CGL policy

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 12 2011

In Amerisure Mutual Insurance Co. v. Albanese Popkin the Oaks Development Group L.P., 2010 U.S. Dist. LEXIS 125918 (Nov. 30, 2010), Judge Kenneth A. Marra of the U.S. District Court for the Southern District of Florida ordered that the developer’s insurer has no duty to provide coverage or a defense for claims related to Chinese drywall, which were made against the developer

Massachusetts court says subrogation waiver can survive project completion

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 7 2010

In a case of first impression, the Massachusetts Appeals Court has ruled that an insured's waiver of its carrier's subrogation rights can survive the completion of a construction project

Chinese Drywall federal judge rules no coverage for drywall remediation

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • March 30 2010

On March 24, 2010, Judge Rebecca Beach Smith of the U.S. District Court for the Eastern District of Virginia dismissed claims filed by a Virginia Beach-based builder seeking insurance coverage for the costs of voluntarily remediating Chinese Drywall