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Colorado Supreme Court: Insurers Need Not Show Prejudice to Enforce No-Voluntary-Payments Provision of Insurance Policy
  • Wilson Elser
  • USA
  • May 3 2016

On April 25, 2016, the Colorado Supreme Court overturned a decision by the Colorado Court of Appeals and Colorado District Court in what is believed


A Double Standard in Construction Defect Coverage Cases?
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • April 19 2016

The recent decision of Allied Property & Casualty Insurance Co. v. Metro North Condominium Associates highlights why only a minority of jurisdictions


Tips in Evaluating Coverage for Construction Defect Claims
  • Brouse McDowell
  • USA
  • April 14 2016

Construction activity exploded in 2015, and analysts predict that 2016 will be another strong year for the industry. While this is positive news


Illinois Federal Court Decision Holds That Alleged Property Damage Outside Of Subcontractor’s Scope of Work Triggers The Duty To Defend
  • Barnes & Thornburg LLP
  • USA
  • April 1 2016

Westfield Insurance Company v. National Decorating Service, Inc., No. 1:2014cv01572 (November 25, 2015 N.D. Ill.) (Judge Robert Blakey) holds that


Litigating Construction Defects in Community Association Property: Part III
  • Jimerson & Cobb P.A.
  • USA
  • March 18 2016

This article is Part III of a four part series. Part I was meant to inform the Board of a Condominium or Homeowners Association of some basic steps


OCIP Liability Insurer Required to Indemnify Florida Contractor for $23M in Property Damage Arising Out of Defective Subcontractor Work
  • Pepper Hamilton LLP
  • USA
  • March 14 2016

This action arose out of a construction project to build a 63-story luxury condominium tower located in Miami, Florida (“Project”). Pavarini


Insurer Stuck with Unfavorable Interpretation of Ambiguous Policy
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • March 11 2016

In Fabozzi v. Lexington Insurance Company, the United States Court of Appeals for the Second Circuit has reaffirmed that ambiguities in


Federal Court in North Carolina Holds Breach of Contract Claim Does Not Trigger CGL Coverage in Absence of Causal Connection Between Breach and Related Property Damage
  • Phelps Dunbar LLP
  • USA
  • March 7 2016

A federal court in North Carolina recently held that there was no duty to defend an additional insured in an underlying litigation alleging breach of


Federal Court in Oklahoma Holds Coverage for Remodeling and Handyman Work Does Not Provide Coverage for Suit Arising from New Construction as a “Contractor”
  • Phelps Dunbar LLP
  • USA
  • March 7 2016

A federal court in Oklahoma granted summary judgment in favor of an insurer, holding that a policy's use of the terms "contractor," "remodeler" and


Finding coverage for “additional insured,” Third Circuit cautions that “insurer cannot bury its head in the sand”
  • Reed Smith LLP
  • USA
  • February 22 2016

Using the “four corners” rule, the U.S. Court of Appeals for the Third Circuit decided in Ramara, Inc. v. Westfield Insurance Co., No. 15-1003 (3d