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Indemnity Obligation Typically Includes Attorneys’ Fees
  • Commonsense Construction Law LLC
  • USA
  • March 22 2017

The “American rule” in litigation is that each party must pay its own legal fees, absent a contract or statutory right to recover the same from

Colorado Court Enforces Statute that Presumes Faulty Workmanship Constitutes an Occurrence
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • March 21 2017

Is damage resulting from faulty workmanship covered under your CGL policy? In the past, insurers have had success in certain jurisdictions arguing

Trending Exception to the Exclusion: Finding a Subcontractor’s Defect Isn’t “Your Work”
  • Thompson Hine LLP
  • USA
  • March 9 2017

Most contractors’ Commercial General Liability (CGL) policies are based on the post-1986 Insurance Services Office, Inc. (ISO) standard form policies

Federal Court in Virginia Holds Claim for Damages Arising out of Contractual Obligations Does Not Trigger Policy
  • Phelps Dunbar LLP
  • USA
  • March 6 2017

A federal court in Virginia held that absent a "coercive directive to compensate," an insured is not "legally obligated to pay." Elec. Motor &

“ERAL” or Early? It’s Not a Decision the Insured Must Make
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • March 1 2017

Construction projectsespecially those of any complexityoften experience unexpected delays, resulting in loss of use to the owner. Owners sometimes

New York Insurance Law: 2016 Year in Review
  • Sedgwick LLP
  • USA
  • February 28 2017

New York’s highest court delivered one of the most notable opinions in years when it put a dent in the pro-rata regime for allocation of loss that

A Cautionary Tale to Subcontractors Opting for Unapproved Counsel in Construction Defect Cases in Florida
  • Gordon & Rees LLP
  • USA
  • February 27 2017

Prior to owner controlled insurance programs (“OCIPs”), developers, general contractors and subcontractors carried their own

In NY, Insurance Policy Is Not Illusory Where Broad Exclusion Affords Some Coverage
  • Bressler, Amery & Ross PC
  • USA
  • February 23 2017

On February 14, 2017, the New York Court of Appeals issued a decision in Lend Lease (US) Construction LMB Inc

Equitable Subrogation Claim Limited by Outcome of Insured Party Lawsuit
  • Commonsense Construction Law LLC
  • USA
  • February 22 2017

A carrier pursuing a subrogation claim has no better rights than its insured. This may seem Elementary and logical, but a New York court has had to

Avoid Policy Pitfalls and Maximize Insurance Coverage for Construction Claims
  • Brouse McDowell
  • USA
  • February 9 2017

Insurance Companies will often raise multiple exclusions that are contained in a standard Commercial General Liability (CGL) policy to deny coverage